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Sample questions relating to Grange Over Sands leasehold conveyancing

Frank (my husband) and I may need to sub-let our Grange Over Sands 1st floor flat for a while due to taking a sabbatical. We used a Grange Over Sands conveyancing practice in 2001 but they have closed and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?

Even though your last Grange Over Sands conveyancing solicitor is not available you can check your lease to see if you are permitted to let out the premises. The rule is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you need to obtain permission via your landlord or some other party before subletting. The net result is that you cannot sublet in the absence of prior consent. The consent is not allowed to be unreasonably refused ore delayed. If your lease does not allow you to sublet you will need to ask your landlord for their consent.

Having checked my lease I have discovered that there are only Fifty years left on my flat in Grange Over Sands. I am keen to extend my lease but my landlord is can not be found. What are my options?

If you qualify, 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 mean that your lease can be lengthened by the Court. However, you will be required to prove that you have used your best endeavours to locate the freeholder. On the whole a specialist should be useful to try and locate and prepare a report to be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on proving the landlord’s disappearance and the vesting order request to the County Court covering Grange Over Sands.

I have just appointed agents to market my basement flat in Grange Over Sands.Conveyancing lawyers have not yet been instructed but I have just had a quarterly maintenance charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should clear 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 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. This will smooth the conveyancing process.

I today plan to offer on a house that appears to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have subsequently found out that it's a leasehold rather than freehold. I am assuming that there are issues buying a leasehold house in Grange Over Sands. Conveyancing solicitors have are soon to be instructed. Will they explain the issues?

The majority of houses in Grange Over Sands are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are buying in Grange Over Sands in which case you should be looking for a Grange Over Sands conveyancing practitioner and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct changes to the property. You may also be required to pay a contribution towards the maintenance of the communal areas where the house is part of an estate. Your lawyer will report to you on the legal implications.

Can you provide any advice for leasehold conveyancing in Grange Over Sands from the point of view of saving time on the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Grange Over Sands can be avoided if you get in touch lawyers as soon as your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the buyers solicitors.
  • The majority landlords or managing agents in Grange Over Sands levy fees for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Grange Over Sands.
  • If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Grange Over Sands state that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord acquiescing to such changes. Where you dont have the consents in place you should not contact the landlord without checking with your lawyer in the first instance.
  • If there is a history of any disputes with your landlord or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as over as opposed to unresolved.
  • If you are supposed to have a share in the Management Company, you should ensure that you have the original share document. Obtaining a replacement share certificate is often a lengthy process and frustrates many a Grange Over Sands home move. Where a new share is required, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

    • Leasehold Conveyancing in Grange Over Sands - A selection of Queries before Purchasing

      Its a good idea to discover as much as possible about the company managing the building as they will affect your use and enjoyment of the property. Being a leasehold owner you are frequently at the mercy of the managing agents from a financial perspective and when it comes to practical issues like the cleanliness of the communal areas. Enquire of prospective neighbours if they are happy with them. On a final note, be sure you understand the dates that you are obliged pay the service charge to the managing agents and precisely how they are spending that money. What prohibitions are there in the Grange Over Sands Lease? Are any of leasehold owners in arrears of their service charge liability?

    Other Topics

    Lease Extensions in Grange Over Sands