Fixed-fee leasehold conveyancing in Writtle:

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Sample questions relating to Writtle leasehold conveyancing

I am intending to rent out my leasehold apartment in Writtle. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

A small minority of properties in Writtle do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

Looking forward to sign contracts shortly on a studio apartment in Writtle. Conveyancing lawyers have said that they will have a report out to me next week. What should I be looking out for?

Your report on title for your leasehold conveyancing in Writtle should include some of the following:

  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Whether your lease has a provision for a reserve fund?
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • Responsibility for repairing the window frames For details of the information to be included in your report on your leasehold property in Writtle please ask your lawyer in ahead of your conveyancing in Writtle

    • I've recently bought a leasehold flat in Writtle. Do I have any liability for service charges relating to a period prior to completion of my purchase?

    In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    Can you provide any top tips for leasehold conveyancing in Writtle from the point of view of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Writtle can be bypassed where you instruct lawyers the minute you market your property and request that they start to put together the leasehold information needed by the buyers representatives.
    • Many landlords or managing agents in Writtle charge for supplying management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Writtle.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Writtle leases often stipulate that internal structural alterations or laying down wooden flooring require a licence issued by the Landlord approving such alterations. Should you dont have the consents in place do not contact the landlord without contacting your solicitor in advance.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be warry about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as over as opposed to ongoing.
  • If you are supposed to have a share in the freehold, you should make sure that you have the original share certificate. Arranging a duplicate share certificate can be a lengthy formality and slows down many a Writtle home move. If a new share is needed, do contact the company officers or managing agents (if relevant) for this as soon as possible.

    • We expect to complete our sale of a £175000 maisonette in Writtle next week. The landlords agents has quoted £420 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Writtle?

    Writtle conveyancing on leasehold flats normally involves the buyer’s solicitor sending enquiries for the landlord to address. Although the landlord is not legally bound to answer these enquiries the majority will be content to do so. They are at liberty charge a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some transactions it is in excess of £800. The management information fee required by the landlord must be sent together with a synopsis of rights and obligations in respect of administration fees, without which the invoice is not strictly payable. Reality however dictates that one has no option but to pay whatever is demanded should you wish to complete the sale of your home.

    Writtle Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing

      What is the name of the managing agents? It would be wise to find out as much as you can concerning the managing agents as they can either make your life much simpler or uncomfortable. Being a leasehold owner you are often at the mercy of the managing agents from a financial perspective and when it comes to daily matters such as the cleanliness of the common parts. Ask prospective neighbours what they think of them. Finally, find out the dates that the maintenance fees are due to the managing agents and precisely how they are spending the funds. The prefered form of lease arrangement is a share of the freehold. In this situation the leaseholders have being in charge if their destiny and although a managing agent is frequently employed where the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves.

    Other Topics

    Lease Extensions in Writtle