I wish to sublet my leasehold apartment in Helsby. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Notwithstanding that your last Helsby conveyancing lawyer is not available you can check your lease to check if it allows you to sublet the property. The accepted inference is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you need to seek consent via your landlord or other appropriate person prior to subletting. This means you not allowed to sublet in the absence of prior consent. Such consent should not be unreasonably refused ore delayed. If your lease does not allow you to sublet you should ask your landlord for their consent.

I have just started marketing my basement flat in Helsby.Conveyancing is yet to be initiated but I have just had a quarterly maintenance charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is pay the service charge 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. This will smooth the conveyancing process.

I've found a house that seems to be perfect, at a great figure which is making it more attractive. I have since found out that it's a leasehold as opposed to freehold. I would have thought that there are issues purchasing a house with a leasehold title in Helsby. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?

The majority of houses in Helsby are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Helsby in which case you should be shopping around for a Helsby conveyancing solicitor and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the freeholder’spermission to carry out alterations. You may also be required to pay a service charge towards the upkeep of the estate where the house is located on an estate. Your solicitor should report to you on the legal implications.

I am looking at a two flats in Helsby both have approximately forty five years left on the lease term. Do I need to be concerned?

A lease is a legal document that entitles you to use the property for a prescribed time frame. As the lease shortens the marketability of the lease reduces and it becomes more costly to acquire a lease extension. For this reason it is generally wise to extend the lease term. More often than not it is difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a difficult process. We recommend you seek professional help from a solicitor and surveyor with experience in this arena

I am a negotiator for a long established estate agency in Helsby where we have experienced a number of flat sales jeopardised due to short leases. I have received conflicting advice from local Helsby conveyancing solicitors. Could you clarify whether the seller of a flat can start the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has been the owner 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. The benefit of this is that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.

An alternative approach is 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.

Helsby Conveyancing for Leasehold Flats - Examples of Questions you should ask before Purchasing

It would be wise to investigate if the the lease contains any onerous restrictions in the lease. For instance it is fairly common in Helsby leases that pets are not allowed in certain buildings in Helsby. If you love the apartmentin Helsby yet your cat is not allowed to move with you then you will be presented with a difficult decision. How long is the Lease? On the whole the cost for major works are not included within maintenance charges, although some managing agents in Helsby obliged tenants to contribute towards a sinking fund created for the specific intention of establishing a fund for major repairs or maintenance.

Other Topics

Lease Extensions in Helsby