My husband and I may need to let out our Bradford basement flat for a while due to taking a sabbatical. We used a Bradford conveyancing firm in 2003 but they have closed and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

The lease governs relations between the landlord and you the flat owner; specifically, it will indicate if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Bradford do not contain strict prohibition on subletting – such a provision would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

Having checked my lease I have discovered that there are only Seventy years left on my flat in Bradford. I am keen to get lease extension but my freeholder is missing. What are my options?

If 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 lengthened by the magistrate. You will be obliged to prove that you have done all that could be expected to locate the freeholder. For most situations a specialist should be useful to conduct investigations and prepare an expert document to be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s absence and the vesting order request to the County Court covering Bradford.

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great price which is making it all the more appealing. I have just discovered that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Bradford. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Bradford ?

The majority of houses in Bradford are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. it is apparent that you are buying in Bradford in which case you should be shopping around for a Bradford conveyancing practitioner and be sure that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the landlord’sconsent to conduct changes to the property. It may be necessary to pay a service charge towards the maintenance of the estate where the property is part of an estate. Your conveyancer will report to you on the legal implications.

Back In 2009, I bought a leasehold house in Bradford. Conveyancing and Bank of Scotland mortgage went though with no issue. I have received a letter from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Bradford who previously acted has long since retired.What should I do?

First contact HMLR to be sure that this person is indeed the registered owner of the freehold reversion. There is no need to instruct a Bradford conveyancing lawyer to do this as it can be done on-line for less than a fiver. You should note 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.

What advice can you give us when it comes to finding a Bradford conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Bradford conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Bradford conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• How many lease extensions have they carried out in Bradford in the last twenty four months?

Bradford Leasehold Conveyancing - Examples of Questions you should ask Prior to buying

Be sure to find out if there are any onerous restrictions in the lease. For example it is fairly common in Bradford leases that pets are not permitted in in a block in Bradford. If you love the apartmentin Bradford however your cat can’t live with you then you have a very hard choice. Are there any major works in the near future that will increase the service costs? Plenty Bradford leasehold properties will be liable to pay a service bill for maintenance of the building set by the landlord. If you purchase the flat you will have to pay this contribution, usually periodically throughout the year. This may be anything from a few hundred pounds to thousands of pounds for large purpose-built buildings. In all likelihood there will be a rentcharge to be met annual, this is usually not a significant amount, say approximately £50-£100 but you should to check as on occasion it could be prohibitively expensive.

Other Topics

Lease Extensions in Bradford