I am intending to rent out my leasehold apartment in Brighouse and Rastrick. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Notwithstanding that your previous Brighouse and Rastrick conveyancing lawyer is not available you can review your lease to see if it allows you to sublet 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 permission from your landlord or other appropriate person before subletting. The net result is that you cannot sublet without prior permission. The consent must not not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

Planning to exchange soon on a basement flat in Brighouse and Rastrick. Conveyancing lawyers assured me that they are sending me a report on Monday. What should I be looking out for?

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

• You should receive a copy of the lease

I today plan to offer on a house that seems to meet my requirements, at a great figure which is making it all the more appealing. I have just discovered that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Brighouse and Rastrick. Conveyancing lawyers have not yet been appointed. Will they explain the issues?

The majority of houses in Brighouse and Rastrick are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Brighouse and Rastrick so you should seriously consider shopping around for a Brighouse and Rastrick conveyancing solicitor and be sure that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’spermission to carry out alterations. You may also be required to pay a contribution towards the maintenance of the communal areas where the house is part of an estate. Your conveyancer should appraise you on the various issues.

I've recently bought a leasehold property in Brighouse and Rastrick. Am I liable to pay service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

What makes a Brighouse and Rastrick lease defective?

Leasehold conveyancing in Brighouse and Rastrick is not unique. Most leases is drafted differently and drafting errors can result in certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the premises
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You will encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Barnsley Building Society, and Aldermore all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to withdraw.

Brighouse and Rastrick Leasehold Conveyancing - Examples of Questions you should ask Prior to buying

Does the lease include onerous restrictions? Be sure to discover if there are any onerous restrictions in the lease. For instance it is reasonably common in Brighouse and Rastrick leases that pets are not permitted in certain buildings in Brighouse and Rastrick. If you love the flatin Brighouse and Rastrick yet your dog can’t live with you then you have a very hard choice. What is the name of the managing agents?

Other Topics

Lease Extensions in Brighouse and Rastrick