Harry (my fiance) and I may need to rent out our Kirkby Lonsdale ground floor flat for a while due to a career opportunity. We instructed a Kirkby Lonsdale conveyancing practice in 2004 but they have since shut and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?

Some leases for properties in Kirkby Lonsdale do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review 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’m about to sell my 2 bed apartment in Kirkby Lonsdale.Conveyancing solicitors are to be appointed soon but I have just received a quarterly service charge demand – should I leave it to the buyer to sort out?

It best that you clear the service charge 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 unless 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.

I own a leasehold house in Kirkby Lonsdale. Conveyancing and Godiva Mortgages Ltd mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1993. The conveyancing solicitor in Kirkby Lonsdale who acted for me is not around.Do I pay?

First contact HMLR to be sure that the individual claiming to own the freehold is in fact the new freeholder. There is no need to instruct a Kirkby Lonsdale conveyancing lawyer to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Last month I purchased a leasehold house in Kirkby Lonsdale. 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. It is an essential part 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 top tips for leasehold conveyancing in Kirkby Lonsdale with the purpose of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Kirkby Lonsdale can be bypassed where you instruct lawyers as soon as your agents start marketing the property and ask them to put together the leasehold information which will be required by the purchasers’ conveyancers.
• The majority landlords or managing agents in Kirkby Lonsdale charge for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Kirkby Lonsdale.
• Some Kirkby Lonsdale leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is able to meet the yearly 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
• If you are supposed to have a share in the Management Company, you should ensure that you hold the original share certificate. Obtaining a duplicate share certificate can be a time consuming process and delays many a Kirkby Lonsdale home move. Where a reissued share certificate is necessary, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible.
• You believe that you know the number of years left on your lease but it would be advisable verify this by asking your solicitors. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is less than 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 property on the market for sale.

Kirkby Lonsdale Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying

The answer will be useful as a) areas may cause problems in the block as the communal areas may start to deteriorate if maintenance are not paid for b) if the leasehold owners have a dispute with the managing agents you will need to have all the details Please note if it is less than 80 years it will affect the marketability of the flat. It is worth checking with your bank that they are happy with the length of the lease. A short lease means that you will probably have to extend the lease sooner rather than later and you need to have some idea of how much this will be. For most Kirkby Lonsdalelease extensions you would need to own the residence for a couple of years before you are legally able to exercise a lease extension. Does the lease contain onerous restrictions?