Fixed-fee leasehold conveyancing in Ilkeston:

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Questions and Answers: Ilkeston leasehold conveyancing

I wish to sublet my leasehold apartment in Ilkeston. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Even though your previous Ilkeston conveyancing solicitor is no longer available you can review your lease to check if you are permitted to let out the apartment. The rule is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you are obliged to seek consent from your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet without first obtaining permission. The consent is not allowed to be unreasonably refused ore delayed. If your lease does not allow you to sublet you should ask your landlord for their consent.

Having checked my lease I have discovered that there are only Fifty years remaining on my flat in Ilkeston. I am keen to get lease extension but my freeholder is can not be found. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order 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 prove that you or your lawyers have used your best endeavours to find the landlord. For most situations an enquiry agent should be helpful to carry out a search and to produce a report to be used as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Ilkeston.

I am hoping to complete next month on a basement flat in Ilkeston. Conveyancing solicitors have said that they are sending me a report within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in Ilkeston should include some of the following:

  • You should receive a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • The physical extent of the property. This will be the apartment itself but could also include a loft or cellar if appropriate.
  • Are you allowed to have a pet in the flat?
  • Whether the lease restricts you from letting out the property, or working from home
  • Whether your lease has a provision for a sinking fund?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For a comprehensive list of information to be included in your report on your leasehold property in Ilkeston please enquire of your solicitor in advance of your conveyancing in Ilkeston

    • I’m about to sell my basement apartment in Ilkeston.Conveyancing lawyers have not yet been instructed but I have just had a yearly maintenance charge demand – should I leave it to the buyer to sort out?

    Your conveyancing lawyer is likely to suggest that you should 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 management companies 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 Ilkeston conveyancing practice to carry out our lease extension conveyancing?

    When appointing a solicitor for your lease extension (regardless if they are a Ilkeston conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Ilkeston conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

    • What volume of lease extensions has the firm completed in Ilkeston in the last 12 months?
  • Can they put you in touch with client in Ilkeston who can give a testimonial?

    • Leasehold Conveyancing in Ilkeston - A selection of Queries before buying

      For most Ilkeston leaseholds the outlay for major works are not included within service charges, albeit that there some managing agents in Ilkeston obliged leasehold owners to contribute towards a reserve fund and this is used to offset against major works. Does the lease contain onerous restrictions? Is anyone aware of any major works in the planning that could add a premium to the service charges?

    Other Topics

    Lease Extensions in Ilkeston