Recently asked questions relating to Howden leasehold conveyancing
Harry (my fiance) and I may need to let out our Howden garden flat for a while due to taking a sabbatical. We instructed a Howden conveyancing firm in 2004 but they have since shut and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?
Even though your last Howden conveyancing lawyer is no longer around you can check your lease to see if it allows you to sublet the premises. The rule is that if the lease is silent, subletting is permitted. There may be a precondition that you must obtain consent from your landlord or other appropriate person before subletting. This means you not allowed to sublet in the absence of prior consent. Such consent must not not be unreasonably refused ore delayed. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.
There are only Fifty years left on my flat in Howden. I now want to extend my lease but my freeholder is absent. What are my options?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. You will be obliged to prove that you have made all reasonable attempts to locate the lessor. In some cases a specialist would be useful to try and locate and prepare a report which can be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a solicitor both on devolving into the landlord’s absence and the application to the County Court overseeing Howden.
Due to sign contracts shortly on a basement flat in Howden. Conveyancing solicitors assured me that they report fully next week. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Howden should include some of the following:
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
I have just appointed agents to market my garden flat in Howden.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly service charge invoice – what should I do?
It best that you clear 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 until 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 am hoping to put an offer on a small detached house that appears to be perfect, at a reasonable price which is making it all the more appealing. I have just found out that it's a leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Howden. Conveyancing solicitors have are about to be appointed. Will they explain the issues?
Most houses in Howden are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Howden so you should seriously consider shopping around for a Howden conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. 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’sconsent to conduct changes to the property. You may also be required to pay a service charge towards the upkeep of the estate where the property is part of an estate. Your conveyancer will advise you fully on all the issues.
I inherited a split level flat in Howden, conveyancing formalities finalised 9 years ago. How much will my lease extension cost? Corresponding properties in Howden with an extended lease are worth £205,000. The ground rent is £50 levied per year. The lease ends on 21st October 2097
With 76 years left to run the likely cost is going to range between £10,500 and £12,000 plus legals.
The suggested premium range above a general guide to costs for extending a lease, but we are not able to provide a more accurate figure in the absence of comprehensive due diligence. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before getting professional advice.