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Questions and Answers: Crosby leasehold conveyancing

My husband and I may need to let out our Crosby 1st floor flat temporarily due to a career opportunity. We used a Crosby conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your previous Crosby conveyancing lawyer is no longer available you can check your lease to see if you are permitted to let out the property. The rule is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you must obtain consent via your landlord or some other party prior to subletting. This means that you cannot sublet in the absence of first obtaining permission. The consent is not allowed to be unreasonably turned down. If your lease prohibits you from subletting the property you should ask your landlord for their consent.

Due to complete next month on a basement flat in Crosby. Conveyancing lawyers inform me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Crosby should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • The total extent of the premises. This will be the flat itself but may incorporate a roof space or basement if applicable.
  • Setting out your legal entitlements in respect of the communal areas in the building.By way of example, does the lease grant a right of way over a path or hallways?
  • Does the lease prevent you from renting out the property, or working from home
  • 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
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Crosby please enquire of your conveyancer in ahead of your conveyancing in Crosby

  • Last month I purchased a leasehold property in Crosby. Am I liable to pay service charges relating to a period prior to 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. However, 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).

    I am a negotiator for a long established estate agent office in Crosby where we have witnessed a number of flat sales put at risk as a result of short leases. I have received inconsistent advice from local Crosby conveyancing firms. Could you confirm whether the vendor of a flat can commence the lease extension formalities for the purchaser on completion of the sale?

    As long as 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 can avoid having to sit tight for 2 years to extend their lease. 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.

    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.

    Completion in due on the disposal of our £250000 apartment in Crosby in just under a week. The managing agents has quoted £384 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Crosby?

    Crosby conveyancing on leasehold apartments nine out of ten times involves administration charges levied by landlords agents :

    • Answering pre-exchange enquiries
    • Where consent is required before sale in Crosby
    • Copies of the building insurance and schedule
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Crosby leasehold premises is £350. For Crosby conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply answers.

    Leasehold Conveyancing in Crosby - Examples of Queries before buying

      Who is in charge of the block? Please note that where the lease has no more than eighty years it will affect the value of the property. Check with your mortgage company that they are willing to go ahead with the loan given the lease term. Leases with fewer than 80 years remaining means that you will almost definitely need a lease extension sooner rather than later and it is worth discovering how much this will be. Remember, in most cases you would need to own the premises for a couple of years in order to be legally able to carry out a lease extension. For many Crosby leaseholds the cost for major works tend not to be included within service charges, albeit that there some managing agents in Crosby obliged leasehold owners to contribute towards a reserve fund created for the specific purpose of building a fund for major repairs or maintenance.

    Other Topics

    Lease Extensions in Crosby