Questions and Answers: Haltwhistle leasehold conveyancing
My partner and I may need to rent out our Haltwhistle 1st floor flat temporarily due to taking a sabbatical. We used a Haltwhistle conveyancing firm in 2003 but they have since shut and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?
Even though your previous Haltwhistle conveyancing solicitor is no longer available you can review your lease to see if you are permitted to let out the premises. The accepted inference is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you need to obtain consent via your landlord or some other party before subletting. This means that you cannot sublet without prior permission. Such consent is not allowed to be unreasonably refused ore delayed. If the lease does not allow you to sublet you will need to ask your landlord for their consent.
Expecting to complete next month on a basement flat in Haltwhistle. Conveyancing solicitors have said that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Haltwhistle should include some of the following:
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
Last month I purchased a leasehold house in Haltwhistle. Am I liable to pay service charges for periods before my ownership?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, 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).
What are your top tips when it comes to choosing a Haltwhistle conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Haltwhistle conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with several firms including non Haltwhistle conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:
- If the firm is not ALEP accredited then what is the reason?
Can you provide any top tips for leasehold conveyancing in Haltwhistle with the intention of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Haltwhistle can be avoided where you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information which will be required by the buyers lawyers.
- The majority landlords or Management Companies in Haltwhistle charge for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Haltwhistle.
Leasehold Conveyancing in Haltwhistle - A selection of Questions you should consider before buying
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Who is in charge of the block?
Most Haltwhistle leasehold properties will be liable to pay a service charge for maintenance of the block levied by the landlord. Where you acquire the flat you will have to meet this contribution, normally periodically throughout the year. This can differ from two or three hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a rentcharge to be met yearly, ordinarily this is not a significant sum, say around £50-£100 but you should to enquire as occasionally it can be many hundreds of pounds.
On the whole the cost for major works tend not to be included within maintenance charges, although some managing agents in Haltwhistle require leasehold owners to contribute towards a sinking fund created for the specific purpose of establishing a fund for major repairs or maintenance.
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