Fixed-fee leasehold conveyancing in Kendal:

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Examples of recent questions relating to leasehold conveyancing in Kendal

Harry (my fiance) and I may need to sub-let our Kendal ground floor flat temporarily due to a new job. We instructed a Kendal conveyancing firm in 2004 but they have closed and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?

Even though your previous Kendal conveyancing solicitor is no longer available you can check your lease to see if it allows you to sublet the property. The accepted inference is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you must seek permission via your landlord or some other party in advance of subletting. The net result is you not allowed to sublet without prior consent. Such consent must not not be unreasonably withheld. If the lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

I only have 62 years unexpired on my lease in Kendal. I need to get lease extension but my landlord is absent. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to prove that you or your lawyers have made all reasonable attempts to track down the lessor. In some cases a specialist may be useful to carry out a search and prepare an expert document which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing Kendal.

My wife and I purchased a leasehold house in Kendal. Conveyancing and Britannia mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Kendal who previously acted has long since retired.What should I do?

The first thing you should do is contact the Land Registry to make sure that this person is in fact the new freeholder. It is not necessary to instruct a Kendal conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What advice can you give us when it comes to choosing a Kendal conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a Kendal conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Kendal conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

  • If they are not ALEP accredited then why not?
  • Can they put you in touch with client in Kendal who can give a testimonial?

    • Can you provide any top tips for leasehold conveyancing in Kendal from the point of view of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Kendal can be reduced where you get in touch lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold information needed by the buyers solicitors.
    • If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you installed wooden flooring? Kendal leases often stipulate that internal structural changes or laying down wooden flooring require a licence issued by the Landlord consenting to such works. If you fail to have the approvals to hand do not contact the landlord without checking with your conveyancer first.
  • A minority of Kendal leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their solicitors.
  • If you have had conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over as opposed to unsettled.
  • If you are supposed to have a share in the freehold, you should make sure that you have the original share document. Organising a replacement share certificate is often a lengthy process and delays many a Kendal home move. Where a reissued share certificate is needed, you should approach the company director and secretary or managing agents (if applicable) for this as soon as possible.

    • I invested in buying a 1 bedroom flat in Kendal, conveyancing having been completed in 2010. How much will my lease extension cost? Corresponding properties in Kendal with an extended lease are worth £215,000. The ground rent is £50 levied per year. The lease ceases on 21st October 2088

    With 65 years left to run we estimate the premium for your lease extension to range between £12,400 and £14,200 as well as legals.

    The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of comprehensive investigations. Do not use the figures in a Notice of Claim or as an informal offer. There may be additional issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you move forward based on this information without first getting professional advice.

    Other Topics

    Lease Extensions in Kendal