Recently asked questions relating to Bardsley leasehold conveyancing
Frank (my husband) and I may need to sub-let our Bardsley 1st floor flat temporarily due to a career opportunity. We instructed a Bardsley conveyancing firm in 2004 but they have closed 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 Bardsley 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 review 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 permission.
I only have Seventy years unexpired on my lease in Bardsley. I am keen 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 have made all reasonable attempts to track down the lessor. In some cases a specialist may be helpful to try and locate and to produce a report to be used as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor both on proving the landlord’s disappearance and the vesting order request to the County Court covering Bardsley.
Back In 2007, I bought a leasehold house in Bardsley. Conveyancing and Nationwide Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Bardsley who previously acted has now retired.Do I pay?
First contact HMLR to make sure that the individual claiming to own the freehold is in fact the new freeholder. There is no need to instruct a Bardsley conveyancing firm to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Can you offer any advice when it comes to choosing a Bardsley conveyancing firm to carry out our lease extension conveyancing?
When appointing a solicitor for lease extension works (regardless if they are a Bardsley conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Bardsley conveyancing practices prior to 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 firm with lease extension legislation?
Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £500000 apartment in Bardsley in 5 days. The freeholder has quoted £360 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Bardsley?
Bardsley conveyancing on leasehold maisonettes more often than not involves the buyer’s conveyancer submitting questions for the landlord to answer. Although the landlord is under no legal obligation to answer these enquiries the majority will be content to do so. They are at liberty invoice a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it is above £800. The administration charge levied by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration charges, without which the invoice is technically not due. Reality however dictates that you have little choice but to pay whatever is requested of you if you want to complete the sale of your home.
Bardsley Leasehold Conveyancing - A selection of Questions you should consider before buying
Many Bardsley leasehold apartments will incur a service charge for maintenance of the building set on behalf of the management company. Where you purchase the property you will have to meet this amount, normally quarterly throughout the year. This could vary from several hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. There will also be a ground rent for you to pay annual, this is usually not a exorbitant figure, say about £25-£75 but you need to check it because occasionally it could be many hundreds of pounds.
You will want to find out as much as possible regarding the managing agents as they can either make your living at the property much simpler or problematic. As the proprietor of a leasehold property you will be at the mercy of the managing agents from a financial perspective and when it comes to day to day issues such as the cleanliness of the common parts. Ask other people what they think of them. Finally, be sure you understand the dates that you are obliged pay the service charge to the appropriate party and specifically what it includes.
The prefered form of lease structure is if the freehold interest is owned by the leaseholders. In this arrangement the tenants enjoy control and notwithstanding that a managing agent is usually employed if it is larger than a house conversion, the managing agent is directed by the tenants.