My wife and I may need to sub-let our Kirkby In Furness ground floor flat for a while due to a new job. We instructed a Kirkby In Furness conveyancing firm in 2002 but they have closed and we did not think at the time get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Kirkby In Furness do contain a provision to say that subletting is only allowed with permission. 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.

There are only 68 years left on my lease in Kirkby In Furness. I am keen to get lease extension but my landlord is can not be found. What options are available to me?

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 for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to find the freeholder. For most situations an enquiry agent may be helpful to conduct investigations and to produce an expert document to be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor both on devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Kirkby In Furness.

I am tempted by the attractive purchase price for a two maisonettes in Kirkby In Furness both have about fifty years unexpired on the lease term. Will this present a problem?

There is no doubt about it. A leasehold apartment in Kirkby In Furness is a deteriorating asset as a result of the shortening lease. The closer the lease gets to zero years unexpired, the more it adversely affects the marketability of the premises. For most buyers and lenders, leases with under eighty years become less and less attractive. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Kirkby In Furness conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Last month I purchased a leasehold flat in Kirkby In Furness. Am I liable to pay service charges relating to a period prior to my ownership?

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).

Can you provide any advice for leasehold conveyancing in Kirkby In Furness from the perspective of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Kirkby In Furness can be reduced if you get in touch lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation needed by the buyers solicitors.
• The majority landlords or managing agents in Kirkby In Furness charge for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Kirkby In Furness.
• If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you laid down wooden flooring? Kirkby In Furness leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence from the Landlord acquiescing to such changes. Where you dont have the consents to hand do not communicate with the landlord without contacting your conveyancer in the first instance.
• If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share certificate. Arranging a re-issued share certificate can be a time consuming process and delays many a Kirkby In Furness conveyancing transaction. If a duplicate share certificate is needed, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.
• You may think that you are aware of the number of years remaining on your lease but you should double-check by asking your conveyancers. A buyer’s conveyancer will not be happy to advise their client to to exchange contracts if the lease term is below 80 years. In the circumstances it is important at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

Leasehold Conveyancing in Kirkby In Furness - Sample of Questions you should consider before Purchasing

How much is the ground rent and service charge? You should be aware that where the lease has no more than 80 years it will impact the marketability of the flat. Check with your bank that they are content with remaining years on the lease. Leases with less than 80 years remaining means that you will probably have to extend the lease sooner rather than later and it is worth finding out how much this will be. Remember, in most cases you will be required to have owned the residence for two years in order to be entitled to carry out a lease extension.