Guaranteed fixed fees for Leasehold Conveyancing in Harrogate

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When it comes to leasehold conveyancing in Harrogate, you will need to instruct a conveyancing practitioner with leasehold experience. Whether your mortgage company is to be Halifax, RBS or Nationwide make sure you choose a lawyer on their approved list. Find a Harrogate conveyancing lawyer with our search tool

Frequently asked questions relating to Harrogate leasehold conveyancing

Frank (my husband) and I may need to let out our Harrogate basement flat temporarily due to taking a sabbatical. We used a Harrogate conveyancing practice in 2003 but they have closed and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

The lease governs relations between the freeholder and you the leaseholder; specifically, it will say if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Harrogate do not prevent an absolute prevention of subletting – such a clause would adversely affect the market value the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

I have just appointed agents to market my garden flat in Harrogate.Conveyancing solicitors are to be appointed soon but I have just had a half-yearly maintenance charge demand – what should I do?

The sensible thing to do is clear the invoice 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. Having a clear account will assist your cause and will leave you no worse off financially.

I've found a house that seems to meet my requirements, at a great price which is making it all the more appealing. I have since discovered that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Harrogate. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Harrogate ?

The majority of houses in Harrogate are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are buying in Harrogate so you should seriously consider shopping around for a Harrogate conveyancing practitioner and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example obtaining the landlord’spermission to conduct changes to the property. It may be necessary to pay a service charge towards the maintenance of the estate where the house is located on an estate. Your solicitor will appraise you on the various issues.

I am looking at a couple of apartments in Harrogate both have about fifty years unexpired on the leases. Should I regard a short lease as a deal breaker?

A lease is a legal document that entitles you to use the property for a prescribed time frame. As a lease shortens the value of the lease decreases and results in it becoming more expensive to acquire a lease extension. This is why it is generally wise to increase the term of the lease. 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 recommend you seek professional help from a solicitor and surveyor with experience in this arena

Can you provide any advice for leasehold conveyancing in Harrogate from the perspective of speeding up the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Harrogate can be bypassed where you appoint lawyers the minute you market your property and request that they start to collate the leasehold information needed by the buyers solicitors.
  • Many freeholders or managing agents in Harrogate levy fees for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Harrogate.
  • If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you installed wooden flooring? Harrogate leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord acquiescing to such works. Where you fail to have the consents to hand do not communicate with the landlord without contacting your lawyer in advance.
  • If you have had conflict with your landlord or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be warry about purchasing a flat where a dispute is unresolved. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is better to present the dispute as over rather than unresolved.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this via your conveyancers. A buyer’s lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is below 80 years. In the circumstances it is important at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • Harrogate Conveyancing for Leasehold Flats - A selection of Queries before buying

      This information is useful as a) areas may cause problems for the building as the communal areas may start to deteriorate where services are not paid for b) if the leaseholders have an issue with the managing agents you will want to have complete disclosure For most Harrogate leaseholds the cost for major works tend not to be built into the service charges, although there some managing agents in Harrogate obliged tenants to contribute towards a reserve fund created for the specific purpose of establishing a fund for major repairs or maintenance. Its a good idea to find out as much as possible concerning the managing agents as they will either make your living at the property much easier or a lot more difficult. As the proprietor of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to practical matters such as the upkeep of the communal areas. Don't be afraid to ask other people what they think of their management. Finally, find out the dates that you are obliged pay the service charge to the managing agents and specifically how they are spending the funds.

    Other Topics

    Lease Extensions in Harrogate