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Recently asked questions relating to Huddersfield leasehold conveyancing

My partner and I may need to sub-let our Huddersfield garden flat for a while due to taking a sabbatical. We used a Huddersfield conveyancing firm in 2003 but they have closed and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

Notwithstanding that your last Huddersfield conveyancing solicitor is no longer available you can review your lease to check if you are permitted to let out the apartment. The accepted inference is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you need to obtain permission from your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet without prior consent. The consent must not not be unreasonably withheld. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

I today plan to offer on a house that appears to be perfect, at a reasonable figure which is making it more attractive. I have since discovered that the title is leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in Huddersfield. Conveyancing advisers have are about to be appointed. Will they explain the issues?

The majority of houses in Huddersfield are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are buying in Huddersfield so you should seriously consider looking for a Huddersfield conveyancing solicitor and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’sconsent to carry out alterations. It may be necessary to pay a service charge towards the maintenance of the communal areas where the house is located on an estate. Your lawyer should advise you fully on all the issues.

I own a leasehold flat in Huddersfield. Conveyancing and Coventry Building Society mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Huddersfield who acted for me is not around.Any advice?

The first thing you should do is contact HMLR to make sure that this person is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Huddersfield conveyancing firm to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I've recently bought a leasehold flat in Huddersfield. Am I liable to pay service charges relating to a period prior to completion of my purchase?

In a situation 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).

All being well we will complete the disposal of our £250000 apartment in Huddersfield in nine days. The freeholder has quoted £300 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Huddersfield?

Huddersfield conveyancing on leasehold apartments normally necessitates administration charges levied by freeholders :

  • Answering conveyancing due diligence enquiries
  • Where consent is required before sale in Huddersfield
  • Supplying insurance information
  • Deeds of covenant upon sale
  • Registering of the assignment of the change of lessee after a sale
Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Huddersfield leasehold property is £350. For Huddersfield conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply answers.

I acquired a split level flat in Huddersfield, conveyancing having been completed 10 years ago. Can you please calculate a probable premium for a statutory lease extension? Corresponding properties in Huddersfield with over 90 years remaining are worth £166,000. The average or mid-range amount of ground rent is £65 invoiced annually. The lease terminates on 21st October 2092

With only 67 years left to run the likely cost is going to range between £11,400 and £13,200 as well as professional fees.

The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to provide the actual costs in the absence of comprehensive due diligence. Do not use the figures in tribunal or court proceedings. There are no doubt other concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Neither should you move forward based on this information without first seeking the advice of a professional.

Other Topics

Lease Extensions in Huddersfield