Fixed-fee leasehold conveyancing in Carlisle:

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Carlisle leasehold conveyancing Example Support Desk Enquiries

My partner and I may need to sub-let our Carlisle ground floor flat temporarily due to a career opportunity. We instructed a Carlisle conveyancing practice in 2004 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

Some leases for properties in Carlisle do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review references. Experience dictates 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 am hoping to exchange soon on a garden flat in Carlisle. Conveyancing lawyers assured me that they will have a report out to me on Monday. What should I be looking out for?

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

  • The unexpired lease term You should be advised as what happens when the lease ends, and informed of the importance of the 80 year mark
  • Setting out your legal entitlements in relation to the communal areas in the block.By way of example, does the lease provide for a right of way over an accessway or staircase?
  • Does the lease prevent you from renting out the flat, or having a home office for business
  • Whether your lease has a provision for a sinking fund?
  • 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.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice? For a comprehensive list of information to be contained in your report on your leasehold property in Carlisle please ask your conveyancer in ahead of your conveyancing in Carlisle

  • I am a negotiator for a reputable estate agency in Carlisle where we have witnessed a few leasehold sales put at risk as a result of leases having less than 80 years remaining. I have received contradictory information from local Carlisle conveyancing solicitors. Can you clarify whether the seller of a flat can start the lease extension process for the buyer?

    Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

    Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

    Do you have any top tips for leasehold conveyancing in Carlisle with the purpose of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Carlisle can be reduced where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ conveyancers.
    • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Carlisle state that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord consenting to such works. Should you dont have the approvals in place you should not communicate with the landlord without checking with your conveyancer first.
  • Some Carlisle leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are able to meet 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If you have had any disputes with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be warry about purchasing a property where a dispute is unresolved. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as historic as opposed to unsettled.
  • If you are supposed to have a share in the freehold, you should make sure that you have the original share certificate. Arranging a re-issued share certificate can be a lengthy formality and delays many a Carlisle conveyancing transaction. Where a reissued share is necessary, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible.

  • What makes a Carlisle lease unmortgageable?

    There is nothing unique about leasehold conveyancing in Carlisle. All leases are individual and legal mistakes in the legal wording can sometimes mean that certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain elements of the premises
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Leeds Building Society, and TSB all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to pull out.

    Carlisle Leasehold Conveyancing - Examples of Questions you should ask Prior to Purchasing

      How many of the leaseholders are in arrears for their maintenance charge payments? It is important to be aware if a new roof is being put on or some other significant cost is coming up to be shared by the tenants and will dramatically increase the the maintenance charges or result in a specific invoice. What is the name of the managing agents?

    Other Topics

    Lease Extensions in Carlisle