Fixed-fee leasehold conveyancing in Catterick Garrison:

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While any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Catterick Garrison, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Catterick Garrison leasehold conveyancing Example Support Desk Enquiries

Frank (my husband) and I may need to rent out our Catterick Garrison garden flat for a while due to taking a sabbatical. We used a Catterick Garrison conveyancing firm in 2002 but they have since shut and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Catterick Garrison do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see 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 consent.

Having checked my lease I have discovered that there are only 62 years remaining on my lease in Catterick Garrison. I need to extend my lease but my freeholder is can not be found. What should I do?

If you qualify, 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 mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to prove that you have used your best endeavours to locate the freeholder. For most situations an enquiry agent would be helpful to carry out a search and to produce 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 both on devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Catterick Garrison.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a reasonable price which is making it more attractive. I have just been informed that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Catterick Garrison. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Catterick Garrison ?

Most houses in Catterick Garrison are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are buying in Catterick Garrison in which case you should be looking for a Catterick Garrison conveyancing solicitor and be sure that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’spermission to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is part of an estate. Your lawyer will advise you fully on all the issues.

I own a leasehold house in Catterick Garrison. Conveyancing and HSBC Bank mortgage organised. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Catterick Garrison who acted for me is not around.Any advice?

The first thing you should do is contact the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. There is no need to instruct a Catterick Garrison conveyancing lawyer to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Do you have any advice for leasehold conveyancing in Catterick Garrison with the aim of saving time on the sale process?

  • Much of the delay in leasehold conveyancing in Catterick Garrison can be reduced if you appoint lawyers the minute your agents start marketing the property and ask them to collate the leasehold information which will be required by the purchasers’ lawyers.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Catterick Garrison state that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord consenting to such changes. If you dont have the approvals to hand you should not communicate with the landlord without contacting your solicitor in advance.
  • Some Catterick Garrison leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly 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 have the original share document. Obtaining a replacement share certificate can be a lengthy formality and slows down many a Catterick Garrison home move. Where a new share is necessary, you should approach the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.
  • You may think that you are aware of the number of years left on your lease but you should verify this by asking your solicitors. A buyer’s lawyer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is less than 75 years. It is therefore important at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Leasehold Conveyancing in Catterick Garrison - Examples of Questions you should consider before buying

      The best form of lease structure is a share of the freehold. In this arrangement the leaseholders have control and although a managing agent is frequently retained if the building is larger than a house conversion, the managing agent retained by the leaseholders. You should want to discover as much as possible concerning the company managing the block as they will affect your use and enjoyment of the property. Being a leasehold owner you are frequently in the clutches of the managing agents both financially and when it comes to every day issues like the cleanliness of the communal areas. Enquire of other tenants what they think of them. On a final note, investigate as to the dates that you are obliged pay the maintenance charge to the managing agents and precisely how they are spending the funds. What is the name of the managing agents?

    Other Topics

    Lease Extensions in Catterick Garrison