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Frequently asked questions relating to Accrington leasehold conveyancing

I want to let out my leasehold apartment in Accrington. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Notwithstanding that your previous Accrington conveyancing lawyer is not around you can review your lease to see if it allows you to sublet the premises. The rule is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you need to seek permission via your landlord or some other party in advance of subletting. This means you not allowed to sublet without first obtaining consent. The consent should not be unreasonably turned down. If your lease prohibits you from subletting the property you will need to ask your landlord for their consent.

There are only 68 years unexpired on my lease in Accrington. I am keen to extend my lease but my landlord is absent. What are my options?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to find the landlord. On the whole a specialist would be useful to conduct investigations and to produce a report which can be used as proof that the freeholder is indeed missing. It is wise to seek advice from a conveyancer in relation to proving the landlord’s absence and the vesting order request to the County Court covering Accrington.

Due to complete next month on a leasehold property in Accrington. Conveyancing solicitors assured me that they report fully within the next couple of days. What should I be looking out for?

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

  • The physical extent of the premises. This will be the property itself but may incorporate a roof space or cellar if appropriate.
  • Defining your legal entitlements in respect of the communal areas in the block.E.G., does the lease include a right of way over an accessway or staircase?
  • Are you allowed to have a pet in the flat?
  • You should have a good understanding of the insurance provisions
  • 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
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Accrington please enquire of your conveyancer in advance of your conveyancing in Accrington

  • I’m about to sell my 2 bed flat in Accrington.Conveyancing is yet to be initiated but I have just had a half-yearly maintenance charge invoice – what should I do?

    It best that you clear the invoice 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 until 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. This will smooth the conveyancing process.

    I've found a house that appears to meet my requirements, at a reasonable figure which is making it all the more appealing. I have just been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Accrington. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Accrington ?

    The majority of houses in Accrington are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are buying in Accrington in which case you should be looking for a Accrington conveyancing solicitor and be sure that they are used to advising on leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as requiring the landlord’sconsent to carry out changes to the property. You may also be required to pay a contribution towards the upkeep of the communal areas where the house is part of an estate. Your solicitor will appraise you on the various issues.

    I purchased a basement flat in Accrington, conveyancing was carried out 2000. How much will my lease extension cost? Similar properties in Accrington with an extended lease are worth £180,000. The average or mid-range amount of ground rent is £50 invoiced annually. The lease expires on 21st October 2085

    With 62 years left to run we estimate the premium for your lease extension to range between £15,200 and £17,600 as well as plus your own and the landlord's "reasonable" professional fees.

    The figure above a general guide to costs for extending a lease, but we cannot give you the actual costs without more detailed investigations. Do not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information without first getting professional advice.

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    Lease Extensions in Accrington