Leasehold Conveyancing in Kirkby Stephen - Get a Quote from the leasehold experts approved by your lender

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Kirkby Stephen leasehold conveyancing: Q and A’s

I am in need of some leasehold conveyancing in Kirkby Stephen. Before diving in I would like to find out the remaining lease term.

Assuming the lease is recorded at the land registry - and most are in Kirkby Stephen - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Looking forward to exchange soon on a ground floor flat in Kirkby Stephen. Conveyancing solicitors have said that they report fully within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Kirkby Stephen should include some of the following:

  • Defining your rights in relation to common areas in the block.E.G., does the lease permit a right of way over a path or hallways?
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Will you be prohibited or prevented from having pets in the property?
  • Whether the lease restricts you from letting out the property, or having a home office for business
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Repair and maintenance of the flat
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For a comprehensive list of information to be contained in your report on your leasehold property in Kirkby Stephen please ask your solicitor in ahead of your conveyancing in Kirkby Stephen

    • I've recently bought a leasehold house in Kirkby Stephen. Am I liable to pay service charges for periods before my ownership?

    In a situation where the service charge has already been demanded from the previous lessee 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. It is an essential part of leasehold conveyancing for your conveyancer to be sure 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).

    I work for a long established estate agent office in Kirkby Stephen where we have experienced a few leasehold sales put at risk due to leases having less than 80 years remaining. I have been given conflicting advice from local Kirkby Stephen conveyancing solicitors. Could you clarify whether the vendor of a flat can commence the lease extension process for the buyer?

    As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.

    Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

    What advice can you give us when it comes to choosing a Kirkby Stephen conveyancing practice to carry out our lease extension conveyancing?

    When appointing a property lawyer for lease extension works (regardless if they are a Kirkby Stephen conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Kirkby Stephen conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

    • If the firm is not ALEP accredited then why not?
  • What are the legal fees for lease extension work?

    • Kirkby Stephen Leasehold Conveyancing - A selection of Queries before Purchasing

      How is the lease structured? What is the service charge and ground rent on the apartment? It would be a good idea to investigate if there are any onerous restrictions in the lease. By way of example plenty of leases prohibit pets being allowed in in a block in Kirkby Stephen. If you like the apartmentin Kirkby Stephen however your dog is not allowed to move with you then you will be presented with a difficult compromise.

    Other Topics

    Lease Extensions in Kirkby Stephen