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Frizington leasehold conveyancing: Q and A’s

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

Even though your last Frizington conveyancing lawyer is not available you can review your lease to check if you are permitted to let out the property. The accepted inference is that if the deeds are silent, subletting is permitted. There may be a precondition that you must obtain consent via your landlord or other appropriate person before subletting. This means that you cannot sublet without first obtaining consent. The consent is not allowed to be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

There are only 62 years unexpired on my flat in Frizington. I need to extend my lease but my landlord is missing. What are my options?

If you meet the appropriate requirements, 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 lengthened by the Court. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to track down the landlord. In some cases an enquiry agent would be helpful to try and locate and prepare a report to be used as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer both on investigating the landlord’s absence and the vesting order request to the County Court covering Frizington.

Expecting to sign contracts shortly on a studio apartment in Frizington. Conveyancing lawyers assured me that they are sending me a report next week. What should I be looking out for?

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

  • How long the lease is You should be advised as what happens when the lease ends, and informed of the importance of the 80 year mark
  • The physical extent of the property. This will be the property itself but could also include a loft or cellar if appropriate.
  • Defining your rights in respect of common areas in the building.E.G., does the lease permit a right of way over an accessway or staircase?
  • Are pets allowed in the flat?
  • You should have a good understanding of the insurance provisions
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For a comprehensive list of information to be contained in your report on your leasehold property in Frizington please enquire of your solicitor in ahead of your conveyancing in Frizington

    • I’m about to sell my basement flat in Frizington.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly maintenance charge invoice – should I leave it to the buyer to sort out?

    Your conveyancing lawyer is likely to suggest that you should discharge the service charge 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 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.

    Can you offer any advice when it comes to finding a Frizington conveyancing practice to deal with our lease extension?

    If you are instructing a conveyancer for lease extension works (regardless if they are a Frizington conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non Frizington conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

    • Can they put you in touch with client in Frizington who can give a testimonial?
  • What are the charges for lease extension conveyancing?

    • Frizington Leasehold Conveyancing - Examples of Questions you should consider before buying

      Can you tell me if there are any major works anticipated that will likely increase the service costs? In the main the cost for major works tend not to be included within service charges, although some managing agents in Frizington require leasehold owners to pay into a reserve fund and this is used to offset against larger repairs or maintenance. Are any of leasehold owners in arrears of their service charge liability?

    Other Topics

    Lease Extensions in Frizington