Recently asked questions relating to Hartlepool leasehold conveyancing
I am in need of some leasehold conveyancing in Hartlepool. Before I get started I want to be sure as to the number of years remaining on the lease.
If the lease is recorded at the land registry - and 99.9% are in Hartlepool - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
My husband and I may need to sub-let our Hartlepool basement flat for a while due to a new job. We instructed a Hartlepool conveyancing firm in 2002 but they have since shut 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?
Notwithstanding that your last Hartlepool conveyancing lawyer is no longer available you can review your lease to check if you are permitted to let out the apartment. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you must seek permission from your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet in the absence of first obtaining permission. Such consent should not be unreasonably turned down. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.
Having checked my lease I have discovered that there are only 72 years left on my lease in Hartlepool. I am keen to extend my lease but my landlord is can not be found. What options are available to me?
On the basis that you qualify, 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 Court. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to locate the landlord. In some cases an enquiry agent should be useful to carry out a search and to produce an expert document to be used as proof that the freeholder is indeed missing. 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 overseeing Hartlepool.
Back In 2009, I bought a leasehold house in Hartlepool. Conveyancing and The Royal Bank of Scotland mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1991. The conveyancing solicitor in Hartlepool who acted for me is not around.What should I do?
First make enquiries of the Land Registry to be sure that this person is in fact the new freeholder. You do not need to instruct a Hartlepool conveyancing lawyer to do this as it can be done on-line for £3. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Can you offer any advice when it comes to appointing a Hartlepool conveyancing practice to carry out our lease extension conveyancing?
When appointing a property lawyer for lease extension works (regardless if they are a Hartlepool conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Hartlepool conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:
- How experienced is the firm with lease extension legislation?
- If they are not ALEP accredited then why not?
Hartlepool Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to buying
-
Please inform me if there are any major works in the planning that will likely increase the service costs?
The majority of Hartlepool leasehold apartments will have a service bill for the upkeep of the block set on behalf of the landlord. Should you acquire the flat you will have to meet this liability, usually in instalments during the year. This can differ from several hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a rentcharge for you to pay annual, this is usually not a exorbitant figure, say about £50-£100 but you need to enquire it because on occasion it could be many hundreds of pounds.
You will want to discover as much as possible about the managing agents as they can either make life much simpler or problematic. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to daily matters like the tidiness of the communal areas. Enquire of other tenants whether they are happy with their service. In conclusion, be sure you know the dates that the service charges are due to the relevant party and specifically what it includes.