Frequently asked questions relating to Driffield leasehold conveyancing
My wife and I may need to rent out our Driffield ground floor flat temporarily due to a career opportunity. We used a Driffield conveyancing practice in 2001 but they have since shut and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?
Notwithstanding that your last Driffield conveyancing lawyer is not around you can check your lease to see if it allows you to sublet the property. The rule is that if the deeds are silent, subletting is allowed. There may be a precondition that you need to obtain consent via your landlord or other appropriate person before subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. Such consent must not not be unreasonably refused ore delayed. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.
I have recently realised that I have 72 years remaining on my flat in Driffield. I now want to extend my lease but my freeholder is absent. 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 enable the lease to be extended by the Court. You will be obliged to prove that you have used your best endeavours to track down the lessor. On the whole a specialist may be useful to carry out a search and to produce a report which can be used as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor both on devolving into the landlord’s absence and the application to the County Court covering Driffield.
Estate agents have just been given the go-ahead to market my basement flat in Driffield.Conveyancing is yet to be initiated but I have just had a quarterly service charge demand – should I leave it to the buyer to sort out?
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 managing agents will not acknowledge the buyer unless 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 house in Driffield. Do I have any liability for 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 lessee 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).
If all goes to plan we aim to complete our sale of a £350000 apartment in Driffield in just under a week. The freeholder has quoted £300 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Driffield?
Driffield conveyancing on leasehold flats usually results in administration charges invoiced by managing agents :
- Completing conveyancing due diligence enquiries
- Where consent is required before sale in Driffield
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Driffield Leasehold Conveyancing - Sample of Queries Prior to buying
It would be prudent to discover if there are any onerous restrictions in the lease. For example it is fairly common in Driffield leases that pets are not permitted in in a block in Driffield. If you love the flatin Driffield yet your cat is not allowed to move with you then you will be faced difficult determination.
How many years remain on the lease?
Please note if it is less than 80 years it will have adverse implications on the value of the flat. Check with your lender that they are content with the length of the lease. A short lease means that you will almost definitely have to extend the lease at some point and you need to have some idea of what this will be. For most Driffieldlease extensions you will need to own the premises for a couple of years before you are entitled to carry out a lease extension.