Experts for Leasehold Conveyancing in Crosby

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Sample questions relating to Crosby leasehold conveyancing

I would like to rent out my leasehold flat in Crosby. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Notwithstanding that your last Crosby conveyancing lawyer is no longer around you can check your lease to see if it allows you to sublet the property. The accepted inference is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain permission via your landlord or some other party in advance of subletting. This means you not allowed to sublet in the absence of first obtaining permission. Such consent should not be unreasonably refused ore delayed. If your lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.

I have recently realised that I have 62 years remaining on my flat in Crosby. I need to extend my lease but my landlord is missing. What options are available to me?

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 magistrate. However, you will be required to prove that you have made all reasonable attempts to find the landlord. In some cases a specialist should be useful to try and locate and prepare an expert document which can be used as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer both on proving the landlord’s disappearance and the application to the County Court overseeing Crosby.

I have just appointed agents to market my ground floor flat in Crosby.Conveyancing lawyers have not yet been instructed but I have just received a quarterly maintenance charge invoice – what should I do?

It best that you discharge the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

I've recently bought a leasehold property in Crosby. Do I have any liability for service charges for periods before completion of my purchase?

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. A critical element 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).

I work for a reputable estate agent office in Crosby where we have experienced a few leasehold sales derailed due to short leases. I have received conflicting advice from local Crosby conveyancing firms. Please can you clarify whether the vendor of a flat can start the lease extension formalities for the buyer?

Provided that the seller has owned the lease 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. The benefit of this is that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

An alternative approach is 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 buyer.

Leasehold Conveyancing in Crosby - Examples of Questions you should consider Prior to buying

    Its a good idea to find out as much as possible about the company managing the block as they will affect your use and enjoyment of the property. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to daily matters like the upkeep of the common parts. You should not be afraid to ask other tenants what they think of their service. Finally, be sure you discover the dates that the maintenance charges are due to the managing agents and precisely how they are spending the funds. Plenty Crosby leasehold apartments will have a service bill for the upkeep of the building levied by the landlord. If you buy the flat you will have to meet this amount, usually quarterly during the year. This could vary from a few hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. In all probability there will be a rentcharge for you to pay annual, normally this is not a exorbitant amount, say around £50-£100 but you need to check it because on occasion it can be prohibitively expensive. Generally speaking the cost for major works tend not to be included within maintenance charges, albeit that some managing agents in Crosby ask tenants to contribute towards a reserve fund created for the specific purpose of establishing a fund for major repairs or maintenance.

Other Topics

Lease Extensions in Crosby