I am intending to sublet my leasehold flat in Halifax. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

A lease governs relations between the freeholder and you the flat owner; specifically, it will indicate if subletting is not allowed, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Halifax do not prevent an absolute prevention of subletting – such a clause would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

Having checked my lease I have discovered that there are only Seventy years remaining on my flat in Halifax. I need to get lease extension but my landlord is missing. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to prove that you have made all reasonable attempts to locate the landlord. In some cases a specialist would be helpful to try and locate and prepare a report to be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer both on investigating the landlord’s absence and the vesting order request to the County Court covering Halifax.

I am tempted by the attractive purchase price for a couple of apartments in Halifax which have approximately 50 years unexpired on the lease term. should I be concerned?

There are plenty of short leases in Halifax. The lease is a right to use the property for a period of time. As the lease shortens the marketability of the lease reduces and it becomes more costly to extend the lease. This is why it is generally wise to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on properties of this type. Lease enfranchisement can be a difficult process. We advise that you get professional assistance from a conveyancer and surveyor with experience in this area

What are your top tips when it comes to choosing a Halifax conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for your lease extension (regardless if they are a Halifax conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested 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 could be useful:

• If they are not ALEP accredited then why not?

Can they put you in touch with client in Halifax who can give a testimonial?

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £300000 flat in Halifax on Friday in a week. The freeholder has quoted £420 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Halifax?

Halifax conveyancing on leasehold apartments usually results in fees being raised by freeholders :

• Addressing pre-contract enquiries
• Where consent is required before sale in Halifax
• 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 solicitor will have no control over the level of the charges for this information but the average costs for the information for Halifax leasehold premises is £350. For Halifax 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 provide answers.

Leasehold Conveyancing in Halifax - A selection of Queries Prior to Purchasing

Who takes charge for maintaining and repairing the block? The prefered form of lease arrangement is a share of the freehold. In this scenario the leaseholders benefit from being in charge if their destiny and although a managing agent is often employed where the building is larger than a house conversion, the managing agent is directed by the tenants. Is there a share of the freehold?

Other Topics

Lease Extensions in Halifax