Keswick leasehold conveyancing: Q and A’s
I want to let out my leasehold apartment in Keswick. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?
Notwithstanding that your previous Keswick conveyancing lawyer is not around you can check your lease to check if you are permitted to let out the property. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you must obtain consent from your landlord or other appropriate person before subletting. The net result is you not allowed to sublet in the absence of prior consent. The consent is not allowed to 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.
I have recently realised that I have 72 years left on my lease in Keswick. I now wish to extend my lease but my freeholder is missing. What should I do?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. You will be obliged to prove that you have done all that could be expected to locate the landlord. For most situations an enquiry agent would be helpful to conduct investigations and prepare an expert document to be used as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer both on investigating the landlord’s absence and the application to the County Court covering Keswick.
I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a reasonable price which is making it more attractive. I have just been informed that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Keswick. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?
Most houses in Keswick are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. it is apparent that you are purchasing in Keswick in which case you should be shopping around for a Keswick conveyancing solicitor and be sure that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example 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 property is located on an estate. Your lawyer should advise you fully on all the issues.
Last month I purchased a leasehold flat in Keswick. Do I have any liability for service charges relating to a period prior to my ownership?
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. Strange as it may seem, 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).
What makes a Keswick lease unacceptable for security purposes?
Leasehold conveyancing in Keswick is not unique. All leases are individual and drafting errors can sometimes mean that certain sections are not included. For example, if your lease is missing any of the following, it could be defective:
- A provision to repair to or maintain parts of the property
- Insurance obligations
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Maintenance charge proportions which don’t add up to the correct percentage
You will encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, Norwich and Peterborough Building Society, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the purchaser to pull out.
Keswick Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing
Make sure you investigate if the the lease contains any adverse restrictions in the lease. For example some leases prohibit pets being allowed in certain buildings in Keswick. If you like the flatin Keswick however your dog is not allowed to make the move with you then you will be faced hard determination.
You should want to discover as much as you can regarding the company managing the block as they can either make living at the property much simpler or a lot more difficult. As the owner of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to every day issues like the upkeep of the communal areas. Enquire of prospective neighbours what they think of them. On a final note, be sure you know the dates that the maintenance fees are due to the relevant party and precisely what it includes.
What is the name of the managing agents?