Experts for Leasehold Conveyancing in Writtle

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Writtle leasehold conveyancing: Q and A’s

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

Notwithstanding that your last Writtle conveyancing solicitor is not around you can check your lease to check if it allows you to sublet the apartment. The accepted inference is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain consent from your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. Such consent must not not be unreasonably turned down. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

I have just appointed agents to market my ground floor flat in Writtle.Conveyancing lawyers have not yet been instructed but I have just had a yearly service charge invoice – what should I do?

The sensible thing to do is clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

I own a leasehold house in Writtle. Conveyancing and Barnsley Building Society mortgage are in place. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in Writtle who previously acted has now retired.Any advice?

First make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. You do not need to incur the fees of a Writtle conveyancing lawyer to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I work for a busy estate agency in Writtle where we see a number of leasehold sales jeopardised as a result of short leases. I have been given conflicting advice from local Writtle conveyancing solicitors. Can you confirm whether the vendor of a flat can initiate the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Can you provide any advice for leasehold conveyancing in Writtle with the purpose of expediting the sale process?

  • Much of the delay in leasehold conveyancing in Writtle can be avoided if you instruct lawyers the minute your agents start advertising the property and request that they start to put together the leasehold documentation needed by the purchasers’ lawyers.
  • The majority landlords or Management Companies in Writtle levy fees for providing management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Writtle.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Writtle leases often stipulate that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord consenting to such alterations. Where you dont have the approvals to hand do not communicate with the landlord without contacting your lawyer before hand.
  • If there is a history of any disputes with your landlord or managing agents it is very important that these are settled before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is ongoing. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to present the dispute as historic as opposed to ongoing.
  • If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share certificate. Obtaining a duplicate share certificate is often a time consuming process and frustrates many a Writtle home move. If a reissued share is needed, you should approach the company officers or managing agents (where relevant) for this at the earliest opportunity.

    • Writtle Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

      You should be aware if it is fewer than 80 years it will impact the salability of the property. Check with your mortgage company that they are content with remaining years on the lease. A short lease means that you will almost definitely require a lease extension sooner rather than later and it is worth finding out how much this will be. For most Writtlelease extensions you would be be obliged to have been the owner of the residence for two years in order to be eligible to carry out a lease extension. It is important to be aware if redecorating or some other significant cost is pending that will be shared amongst the leasehold owners and may well materially increase the the maintenance fees or result in a one off invoice. Does the lease contain onerous restrictions?

    Other Topics

    Lease Extensions in Writtle