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Kirkby Stephen leasehold conveyancing: Q and A’s

I've found a house that appears to be perfect, at a great price which is making it more attractive. I have subsequently found out that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Kirkby Stephen. Conveyancing advisers have not yet been appointed. Will they explain the issues?

The majority of houses in Kirkby Stephen are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are buying in Kirkby Stephen in which case you should be shopping around for a Kirkby Stephen conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the landlord’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the maintenance of the estate where the house is located on an estate. Your conveyancer will report to you on the legal implications.

I own a leasehold flat in Kirkby Stephen. Conveyancing and Bank of Scotland mortgage organised. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Kirkby Stephen who previously acted has long since retired.Do I pay?

The first thing you should do is contact HMLR to be sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. You do not need to instruct a Kirkby Stephen conveyancing solicitor to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am attracted to a couple of maisonettes in Kirkby Stephen which have in the region of forty five years left on the lease term. Will this present a problem?

A lease is a right to use the property for a period of time. As the lease gets shorter the marketability of the lease decreases and it becomes more costly to acquire a lease extension. This is why it is generally wise to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease because mortgage companies may be reluctant to lend money on such properties. Lease enfranchisement can be a difficult process. We recommend you seek professional assistance from a conveyancer and surveyor with experience in this field

Can you offer any advice when it comes to finding a Kirkby Stephen conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Kirkby Stephen conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Kirkby Stephen conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

  • How many lease extensions have they carried out in Kirkby Stephen in the last 12 months?
  • Can they put you in touch with client in Kirkby Stephen who can give a testimonial?

  • We expect to complete the sale of our £425000 maisonette in Kirkby Stephen next Tuesday . The landlords agents has quoted £360 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in Kirkby Stephen?

    For the majority of leasehold sales in Kirkby Stephen conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

    • Answering conveyancing due diligence enquiries
    • Where consent is required before sale in Kirkby Stephen
    • Copies of the building insurance and schedule
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Kirkby Stephen leasehold property is £350. For Kirkby Stephen conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply the information.

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

      Plenty Kirkby Stephen leasehold apartments will be liable to pay a service bill for maintenance of the building invoiced by the freeholder. If you buy the apartment you will have to meet this amount, normally quarterly throughout the year. This can be anything from several hundred pounds to thousands of pounds for blocks with lifts and large communal areas. There will also be a rentcharge for you to pay annual, this is usually not a large sum, say approximately £25-£75 but you should to enquire it because occasionally it could be many hundreds of pounds. Does this lease have in excess of 90 years unexpired? Can you inform me if there are any major works on the horizon that could increase the service fees?

    Other Topics

    Lease Extensions in Kirkby Stephen