Cotswolds leasehold conveyancing: Q and A’s
Having had my offer accepted I require leasehold conveyancing in Cotswolds. Before I set the wheels in motion I would like to find out the number of years remaining on the lease.
If the lease is recorded at the land registry - and almost all are in Cotswolds - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Jane (my partner) and I may need to let out our Cotswolds basement flat temporarily due to taking a sabbatical. We used a Cotswolds conveyancing practice in 2001 but they have since shut and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?
A small minority of properties in Cotswolds 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 review references. Experience dictates 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.
Having checked my lease I have discovered that there are only 72 years remaining on my flat in Cotswolds. I need to extend my lease but my landlord is can not be found. What options are available to me?
If you meet the appropriate requirements, 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 enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to track down the freeholder. On the whole an enquiry agent may be useful to carry out a search and prepare a report which can be used as proof that the landlord can not be located. It is wise to seek advice from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Cotswolds.
I've found a house that appears to tick a lot of boxes, at a great figure which is making it all the more appealing. I have just discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Cotswolds. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?
Most houses in Cotswolds are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Cotswolds in which case you should be shopping around for a Cotswolds conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example requiring the freeholder’spermission to conduct alterations. You may also be required to pay a service charge towards the maintenance of the estate where the property is part of an estate. Your conveyancer will advise you fully on all the issues.
What are your top tips when it comes to finding a Cotswolds conveyancing firm to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Cotswolds conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Cotswolds conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:
- Can they put you in touch with client in Cotswolds who can give a testimonial?
Cotswolds Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing
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Its a good idea to find out as much as possible about the company managing the building as they will impact your use and enjoyment of the property. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to every day issues like the upkeep of the common parts. Enquire of other people whether they are happy with their service. On a final note, be sure you discover the dates that the maintenance charges are due to the relevant party and precisely how they are spending that money.
Please inform me if there are any major works in the near future that could increase the maintenance costs?
Is there a share of the freehold?
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