Fixed-fee leasehold conveyancing in Cookham:

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Any conveyancing practice can theoretically deal with your leasehold conveyancing in Cookham, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Questions and Answers: Cookham leasehold conveyancing

Helen (my wife) and I may need to sub-let our Cookham basement flat temporarily due to a new job. We instructed a Cookham conveyancing practice in 2003 but they have closed and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your last Cookham conveyancing lawyer is no longer around you can review your lease to check if you are permitted to let out the apartment. The accepted inference is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain consent via your landlord or some other party in advance of subletting. This means that you cannot sublet in the absence of prior consent. The consent should not be unreasonably withheld. If the lease does not allow you to sublet you should ask your landlord for their consent.

I have recently realised that I have 68 years remaining on my lease in Cookham. I now wish to extend my lease but my freeholder is can not be found. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to prove that you or your lawyers have done all that could be expected to find the lessor. In some cases an enquiry agent may be useful to carry out a search and prepare a report to be used as evidence that the landlord can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s absence and the vesting order request to the County Court covering Cookham.

Expecting to sign contracts shortly on a ground floor flat in Cookham. Conveyancing solicitors assured me that they will have a report out to me within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Cookham should include some of the following:

  • The physical extent of the premises. This will be the property itself but may incorporate a loft or basement if applicable.
  • You need to be told what constitutes a Nuisance in the lease
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • 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
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • Responsibility for repairing the window frames For details of the information to be included in your report on your leasehold property in Cookham please enquire of your solicitor in advance of your conveyancing in Cookham

    • My wife and I purchased a leasehold house in Cookham. Conveyancing and Nationwide Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1994. The conveyancing practitioner in Cookham who previously acted has now retired.Any advice?

    First contact the Land Registry to make sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Cookham conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    What advice can you give us when it comes to choosing a Cookham conveyancing practice to deal with our lease extension?

    If you are instructing a conveyancer for your lease extension (regardless if they are a Cookham conveyancing firm) it is essential 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 Cookham conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

    • How experienced is the practice with lease extension legislation?
  • Can they put you in touch with client in Cookham who can give a testimonial?

    • Cookham Conveyancing for Leasehold Flats - A selection of Queries before buying

      How much is the ground rent and service charge? Its a good idea to find out as much as possible regarding the company managing the building as they will affect your use and enjoyment of the property. As the owner of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to practical matters such as the cleanliness of the common parts. Enquire of prospective neighbours what they think of them. In conclusion, find out the dates that the service fees are due to the managing agents and precisely how they are spending that money. The best form of lease structure is where the freehold interest is owned by the leaseholders. In this arrangement the lessees benefit from being in charge if their destiny and notwithstanding that a managing agent is often retained if the building is larger than a house conversion, the managing agent acts for the leaseholders themselves.

    Other Topics

    Lease Extensions in Cookham