Leasehold Conveyancing in Bury - Get a Quote from the leasehold experts approved by your lender

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Sample questions relating to Bury leasehold conveyancing

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

Notwithstanding that your previous Bury conveyancing solicitor is no longer around you can check your lease to check if it allows you to sublet the premises. The accepted inference is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you must seek consent from your landlord or other appropriate person before subletting. The net result is you not allowed to sublet in the absence of prior permission. Such consent must not not be unreasonably refused ore delayed. If the lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.

I only have Fifty years unexpired on my lease in Bury. I now want to get lease extension but my landlord is absent. 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 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 lengthened by the Court. However, you will be required to prove that you or your lawyers have made all reasonable attempts to find the lessor. On the whole a specialist may be useful to carry out a search and to produce a report to be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s absence and the application to the County Court overseeing Bury.

Planning to exchange soon on a basement flat in Bury. Conveyancing solicitors assured me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

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

  • Defining your legal entitlements in relation to the communal areas in the building.For instance, does the lease contain a right of way over an accessway or staircase?
  • You need to be told what counts as a Nuisance in the lease
  • Whether your lease has a provision for a reserve fund?
  • Repair and maintenance of the flat
  • 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.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • What options are open to you if a neighbour is in violation of a provision in their lease? For a comprehensive list of information to be contained in your report on your leasehold property in Bury please ask your conveyancer in advance of your conveyancing in Bury

    • Last month I purchased a leasehold property in Bury. Am I liable to pay service charges for periods before my ownership?

    In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element 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).

    Can you provide any advice for leasehold conveyancing in Bury from the perspective of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Bury can be reduced where you get in touch lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation needed by the buyers representatives.
    • The majority landlords or managing agents in Bury levy fees for supplying management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Bury.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Bury leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord consenting to such changes. Should you dont have the consents in place you should not communicate with the landlord without contacting your conveyancer in advance.
  • A minority of Bury leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
  • If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share certificate. Obtaining a re-issued share certificate can be a lengthy process and frustrates many a Bury conveyancing transaction. If a new share is needed, you should approach the company officers or managing agents (where applicable) for this as soon as possible.

    • Bury Leasehold Conveyancing - Sample of Queries before Purchasing

      Are any of leasehold owners in arrears of their service charge liability? Many Bury leasehold apartments will incur a service bill for the upkeep of the block set by the management company. Where you buy the apartment you will have to pay this charge, usually quarterly accross the year. This may vary from a couple of hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. There will also be a rentcharge for you to pay annual, ordinarily this is not a exorbitant sum, say about £25-£75 but you should to enquire it because on occasion it could be surprisingly expensive. Its a good idea to discover as much as you can about the company managing the building as they can either make your living at the property much easier or problematic. As the owner of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to daily issues such as the cleanliness of the communal areas. Ask other people what they think of their service. On a final note, investigate as to the dates that you are obliged pay the maintenance charge to the appropriate party and precisely what it includes.

    Other Topics

    Lease Extensions in Bury