Guaranteed fixed fees for Leasehold Conveyancing in Kirkby Lonsdale

While any conveyancing solicitor can theoretically handle your leasehold conveyancing in Kirkby Lonsdale, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Top Five Questions relating to Kirkby Lonsdale leasehold conveyancing

I wish to rent out my leasehold apartment in Kirkby Lonsdale. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Even though your previous Kirkby Lonsdale conveyancing solicitor is no longer available you can review your lease to check if it allows you to sublet the premises. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you are obliged to obtain permission from your landlord or other appropriate person before subletting. The net result is you not allowed to sublet without first obtaining 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.

Having checked my lease I have discovered that there are only Seventy years left on my lease in Kirkby Lonsdale. I now wish to extend my lease but my landlord is can not be found. What options are available to me?

If 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. You will be obliged to prove that you or your lawyers have used your best endeavours to find the freeholder. For most situations a specialist should be helpful to try and locate and to produce an expert document which can be used as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to proving the landlord’s absence and the application to the County Court overseeing Kirkby Lonsdale.

I have just started marketing my ground floor flat in Kirkby Lonsdale.Conveyancing is yet to be initiated but I have just had a yearly maintenance charge invoice – what should I do?

The sensible thing to do is 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. Having a clear account will assist your cause and will leave you no worse off financially.

I've recently bought a leasehold house in Kirkby Lonsdale. Do I have any liability for service charges for periods before 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. 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).

When it comes to leasehold conveyancing in Kirkby Lonsdale what are the most common lease problems?

There is nothing unique about leasehold conveyancing in Kirkby Lonsdale. All leases are individual and drafting errors can result in 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 building
  • Insurance obligations
  • Clauses dealing with recovering service charges for expenditure on the building or common parts.
  • Service charge per centages that don't add up correctly leaving a shortfall

A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Barnsley Building Society, and Aldermore all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, obliging the purchaser to pull out.

I bought a studio flat in Kirkby Lonsdale, conveyancing having been completed half a dozen years ago. Can you work out an approximate cost of a lease extension? Comparable flats in Kirkby Lonsdale with over 90 years remaining are worth £255,000. The average or mid-range amount of ground rent is £60 invoiced annually. The lease ends on 21st October 2099

With just 77 years unexpired the likely cost is going to be between £12,400 and £14,200 as well as costs.

The figure above a general guide to costs for renewing a lease, but we are not able to provide the actual costs without more detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not move forward based on this information without first seeking the advice of a professional.

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Lease Extensions in Kirkby Lonsdale