Top Five Questions relating to Houghton Regis leasehold conveyancing
My fiance and I may need to rent out our Houghton Regis basement flat for a while due to taking a sabbatical. We instructed a Houghton Regis conveyancing firm in 2003 but they have closed and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
Some leases for properties in Houghton Regis do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold 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.
I only have 62 years left on my flat in Houghton Regis. I now want to extend my lease 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 enable the lease to be extended by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to locate the freeholder. For most situations a specialist would be useful to carry out a search and to produce an expert document to be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s absence and the application to the County Court covering Houghton Regis.
Expecting to sign contracts shortly on a leasehold property in Houghton Regis. Conveyancing lawyers inform me that they report fully tomorrow. What should I be looking out for?
The report on title for your leasehold conveyancing in Houghton Regis should include some of the following:
- The length of the lease term You should be advised as what happens when the lease expires, and informed of the importance of not letting the lease term falling below eighty years
- Setting out your rights in relation to the communal areas in the building.For instance, does the lease include a right of way over an accessway or hallways?
- Whether the lease restricts you from renting out the property, or working from home
- You must be told what constitutes a Nuisance in the lease
- Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
- What you can do if a neighbour is in violation of a provision in their lease?
What advice can you give us when it comes to appointing a Houghton Regis conveyancing practice to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Houghton Regis conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Houghton Regis conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:
- Can they put you in touch with client in Houghton Regis who can give a testimonial?
- What are the costs for lease extension work?
All being well we will complete the sale of our £ 400000 apartment in Houghton Regis next week. The management company has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Houghton Regis?
For most leasehold sales in Houghton Regis conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
- Answering conveyancing due diligence questions
- Where consent is required before sale in Houghton Regis
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
I acquired a basement flat in Houghton Regis, conveyancing having been completed 2009. Can you please calculate a probable premium for a statutory lease extension? Equivalent properties in Houghton Regis with over 90 years remaining are worth £262,000. The average or mid-range amount of ground rent is £55 invoiced annually. The lease ends on 21st October 2086
With only 60 years remaining on your lease we estimate the premium for your lease extension to be between £23,800 and £27,400 plus costs.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of comprehensive investigations. You should not use this information in tribunal or court proceedings. There are no doubt additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information without first seeking the advice of a professional.