Sample questions relating to Huddersfield leasehold conveyancing
I am in need of some leasehold conveyancing in Huddersfield. Before diving in I require certainty as to the number of years remaining on the lease.
If the lease is registered - and 99.9% are in Huddersfield - 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.
Jane (my partner) and I may need to sub-let our Huddersfield 1st floor flat temporarily due to a new job. We instructed a Huddersfield conveyancing practice in 2004 but they have since shut and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?
Some leases for properties in Huddersfield do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.
I have just started marketing my ground floor apartment in Huddersfield.Conveyancing is yet to be initiated but I have just received a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?
It best that you discharge 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 management companies 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.
Last month I purchased a leasehold flat in Huddersfield. Do I have any liability for service charges for periods before completion of my purchase?
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. A critical element 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).
Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £125000 maisonette in Huddersfield in 10 days. The managing agents has quoted £360 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Huddersfield?
Huddersfield conveyancing on leasehold maisonettes often involves the buyer’s lawyer sending questions for the landlord to answer. Although the landlord is under no legal obligation to answer these enquiries most will be willing to assist. They may invoice a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some cases it is above £800. The management information fee invoiced by the landlord must be accompanied by a summary of rights and obligations in respect of administration charges, without which the charge is technically not due. Reality however dictates that you have little choice but to pay whatever is requested of you should you wish to sell the property.
Huddersfield Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing
Generally speaking the cost for major works tend not to be included within service charges, although a few managing agents in Huddersfield obliged leaseholders to contribute towards a sinking fund and this is used to offset against larger works.
If a Huddersfield lease has fewer than 80 years it will have adverse implications on the marketability of the flat. Check with your lender that they are happy with residual term of the lease. Leases with fewer than 80 years remaining means that you will probably require a lease extension sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you will be required to have owned the residence for a couple of years before you are eligible to carry out a lease extension.
You will want to discover as much as possible concerning the company managing the building as they can either make life much simpler or problematic. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to every day issues like the cleanliness of the common parts. Ask prospective neighbours whether they are happy with them. In conclusion, investigate as to the dates that you are obliged pay the service charge to the appropriate party and precisely what you get for your money.