I would like to let out my leasehold flat in Crook. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

A lease governs relations between the landlord and you the leaseholder; specifically, it will set out if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Crook do not prevent subletting altogether – such a provision would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.

I today plan to offer on a house that appears to meet my requirements, at a reasonable figure which is making it more attractive. I have just discovered that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Crook. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Crook ?

Most houses in Crook are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Crook so you should seriously consider looking for a Crook conveyancing practitioner and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As 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 landlord’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the house is part of an estate. Your conveyancer will advise you fully on all the issues.

Back In 2005, I bought a leasehold house in Crook. Conveyancing and Nottingham Building Society mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing practitioner in Crook who previously acted has long since retired.Do I pay?

The first thing you should do is make enquiries of HMLR to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Crook conveyancing practitioner to do this as you can do this on the Land Registry website for £3. 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.

Last month I purchased a leasehold house in Crook. Am I liable to pay service charges relating to a period prior to 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. 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 ensure 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 offer any advice when it comes to appointing a Crook conveyancing practice to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Crook conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Crook conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

• How experienced is the firm with lease extension legislation?

Crook Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying

Generally speaking the outlay for major works are not wrapped into the maintenance charges, although there some managing agents in Crook ask leaseholders to contribute towards a reserve fund created for the specific intention of establishing a fund for major works. Where a Crook lease has fewer than eighty years it will have adverse implications on the marketability of the property. It is worth checking with your lender that they are happy with residual term of the lease. Leases with less than 80 years remaining means that you will probably require a lease extension at some point and you need to have some idea of what this will be. Remember, in most cases you would be be obliged to have owned the residence for a couple of years in order to be entitled to extend the lease. The prefered form of lease arrangement is if the freehold title is in the ownership of the leaseholders. In this situation the leaseholders benefit from control and notwithstanding that a managing agent is frequently retained where it is bigger than a house conversion, the managing agent employed by the leaseholders.

Other Topics

Lease Extensions in Crook