Recently asked questions relating to Bakewell leasehold conveyancing
My fiance and I may need to sub-let our Bakewell 1st floor flat for a while due to a new job. We used a Bakewell conveyancing firm in 2003 but they have closed and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?
A small minority of properties in Bakewell do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse 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 consent.
Having checked my lease I have discovered that there are only 68 years remaining on my flat in Bakewell. I am keen to get lease extension but my freeholder is can not be found. What should I do?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to locate the landlord. For most situations a specialist should be useful to try and locate and to produce a report to be used as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer both on proving the landlord’s disappearance and the application to the County Court covering Bakewell.
I’m about to sell my ground floor flat in Bakewell.Conveyancing has not commenced but I have just had a quarterly service charge demand – what should I do?
It best that you pay 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. Having a clear account will assist your cause and will leave you no worse off financially.
Can you offer any advice when it comes to choosing a Bakewell conveyancing firm to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Bakewell conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with several firms including non Bakewell conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:
- What volume of lease extensions has the firm conducted in Bakewell in the last twenty four months?
All being well we will complete the sale of our £450000 apartment in Bakewell on Thursday in a week. The freeholder has quoted £384 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Bakewell?
Bakewell conveyancing on leasehold apartments more often than not necessitates the purchaser’s lawyer sending questions for the landlord to answer. Although the landlord is not legally bound to answer such questions most will be willing to assist. They may invoice a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some transactions it exceeds £800. The management information fee levied by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration fees, without which the charge is technically not due. Reality however dictates that one has little choice but to pay whatever is demanded should you wish to exchange contracts with the buyer.
I own a 2 bed flat in Bakewell, conveyancing having been completed 6 years ago. Can you work out an approximate cost of a lease extension? Similar flats in Bakewell with a long lease are worth £226,000. The ground rent is £50 levied per year. The lease finishes on 21st October 2089
With only 64 years unexpired the likely cost is going to range between £15,200 and £17,600 as well as costs.
The figure above a general guide to costs for extending a lease, but we are not able to supply a more accurate figure in the absence of detailed investigations. Do not use the figures in tribunal or court proceedings. There are no doubt other issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not take any other action based on this information without first getting professional advice.
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