Examples of recent questions relating to leasehold conveyancing in Halifax
I wish to rent out my leasehold apartment in Halifax. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?
Even though your last Halifax conveyancing lawyer is no longer available you can review your lease to check if you are permitted to let out the premises. The rule is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you need to seek consent via your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet without first obtaining permission. The consent should not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.
Looking forward to complete next month on a leasehold property in Halifax. Conveyancing lawyers assured me that they will have a report out to me on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in Halifax should include some of the following:
- Setting out your rights in respect of common areas in the building.E.G., does the lease contain a right of way over a path or staircase?
I am hoping to put an offer on a small detached house that seems to be perfect, at a great figure which is making it all the more appealing. I have subsequently discovered that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a leasehold house in Halifax. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Halifax ?
The majority of houses in Halifax are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Halifax in which case you should be looking for a Halifax conveyancing solicitor and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’spermission to conduct changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the house is part of an estate. Your solicitor should report to you on the legal implications.
I work for a long established estate agent office in Halifax where we see a number of flat sales jeopardised due to leases having less than 80 years remaining. I have been given contradictory information from local Halifax conveyancing solicitors. Can you clarify whether the vendor of a flat can start the lease extension process for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder 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.
What are your top tips when it comes to appointing a Halifax conveyancing practice to carry out our lease extension conveyancing?
When appointing a property lawyer for your lease extension (regardless if they are a Halifax conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Halifax conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:
- How many lease extensions have they completed in Halifax in the last twenty four months?
Leasehold Conveyancing in Halifax - A selection of Questions you should consider Prior to Purchasing
It would be prudent to discover if there is anything that is prohibited in the lease. By way of example plenty of leases prohibit pets being permitted in certain buildings in Halifax. If you love the flatin Halifax but your cat is not allowed to live with you then you will be presented with a difficult decision.
How much is the ground rent and service charge?
Are there any major works anticipated that will likely increase the service charges?