Examples of recent questions relating to leasehold conveyancing in Abridge
My partner and I may need to let out our Abridge 1st floor flat temporarily due to a new job. We used a Abridge conveyancing firm in 2003 but they have closed and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?
Even though your last Abridge conveyancing solicitor is not around you can review your lease to check if it allows you to sublet the property. The rule is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you need to obtain permission from your landlord or some other party before subletting. The net result is that you cannot sublet without prior consent. Such consent should not be unreasonably withheld. If the lease does not allow you to sublet you should ask your landlord for their consent.
Expecting to complete next month on a leasehold property in Abridge. Conveyancing solicitors assured me that they will have a report out to me next week. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Abridge should include some of the following:
- Whether the lease restricts you from subletting the flat, or working from home
I have just started marketing my ground floor flat in Abridge.Conveyancing has not commenced but I have just received a half-yearly service charge invoice – should I leave it to the buyer to sort out?
The sensible thing to do is discharge the service charge 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 unless 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. This will smooth the conveyancing process.
I am employed by a reputable estate agent office in Abridge where we see a few leasehold sales put at risk as a result of short leases. I have been given inconsistent advice from local Abridge conveyancing firms. Can you confirm whether the vendor of a flat can instigate the lease extension formalities for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having 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 simultaneously with completion of the disposal of the property.
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.
What are your top tips when it comes to finding a Abridge conveyancing firm to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Abridge conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Abridge conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:
- If the firm is not ALEP accredited then why not?
I have given up seeking a lease extension in Abridge. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most definitely. We can put you in touch with a Abridge conveyancing firm who can help.
An example of a Freehold Enfranchisement decision for a Abridge property is 201 & 201a St. Barnabas Road in October 2013. The Tribunal decided that the price to be paid by the Applicants for the freehold interest is £20,071. This case related to 2 flats. The the unexpired residue of the current lease was 69.26 years.
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