Fixed-fee leasehold conveyancing in Kirkby Stephen:

When it comes to leasehold conveyancing in Kirkby Stephen, you will need to appoint a conveyancing solicitor with leasehold experience. Whether your mortgage company is to be Clydesdale , RBS or Nationwide be sure to find a lawyer on their panel. Find a Kirkby Stephen conveyancing lawyer with our search tool

Recently asked questions relating to Kirkby Stephen leasehold conveyancing

I want to sublet my leasehold flat in Kirkby Stephen. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

A small minority of properties in Kirkby Stephen do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience dictates 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 consent.

There are only Seventy years unexpired on my lease in Kirkby Stephen. I am keen to get lease extension 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 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 magistrate. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to locate the lessor. In some cases an enquiry agent may be useful to carry out a search and to produce an expert document which can be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Kirkby Stephen.

I own a leasehold house in Kirkby Stephen. Conveyancing and Barclays mortgage organised. 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 Stephen who previously acted has now retired.Do I pay?

The first thing you should do is make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to instruct a Kirkby Stephen conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am employed by a long established estate agency in Kirkby Stephen where we have experienced a few leasehold sales jeopardised due to leases having less than 80 years remaining. I have been given conflicting advice from local Kirkby Stephen conveyancing solicitors. Can you confirm whether the owner of a flat can commence the lease extension process for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.

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 purchaser.

Do you have any advice for leasehold conveyancing in Kirkby Stephen from the perspective of saving time on the sale process?

  • Much of the delay in leasehold conveyancing in Kirkby Stephen can be avoided where you instruct lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the buyers lawyers.
  • The majority landlords or managing agents in Kirkby Stephen levy fees for supplying management packs for a leasehold premises. 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 reducing delays. The average time it takes to receive management information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Kirkby Stephen.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Kirkby Stephen state that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord consenting to such alterations. If you dont have the approvals to hand do not communicate with the landlord without contacting your conveyancer before hand.
  • A minority of Kirkby Stephen leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are able to meet the annual 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 buyers or their solicitors.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to double-check via your solicitors. A purchaser's conveyancer will not be happy to advise their client to to exchange contracts if the remaining number of years is under 80 years. It is therefore important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

  • Kirkby Stephen Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to buying

      Be sure to find out if the the lease includes any unreasonable restrictions in the lease. For instance it is fairly common in Kirkby Stephen leases that pets are not permitted in in a block in Kirkby Stephen. If you love the flatin Kirkby Stephen but your cat is not allowed to live with you then you have a very hard determination. Please tell me if there are any major works on the horizon that will increase the maintenance fees? Are any of leasehold owners in dispute over their service charge payments?

    Other Topics

    Lease Extensions in Kirkby Stephen