My wife and I may need to let out our Kirkby Stephen basement flat for a while due to taking a sabbatical. We used a Kirkby Stephen conveyancing practice in 2001 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 Stephen do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse 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 72 years unexpired on my flat in Kirkby Stephen. I need to get lease extension but my landlord is can not be found. What options are available to me?

If you qualify, 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 granted an extra 90 years by the Court. You will be obliged to prove that you have made all reasonable attempts to find the landlord. On the whole an enquiry agent would be useful to carry out a search and prepare an expert document which can be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a property lawyer both on investigating the landlord’s absence and the application to the County Court overseeing Kirkby Stephen.

You should [be sent a copy of the lease|receive a copy of the lease]

Due to exchange soon on a leasehold property in Kirkby Stephen. Conveyancing solicitors inform me that they are sending me a report on Monday. What should I be looking out for?

Your 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 include a right of way over a path or staircase?
• Are you allowed to have a pet in the flat?
• Whether the lease restricts you from subletting 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
• Whether your lease has a provision for a sinking fund?
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
• Responsibility for repairing the window frames

For a comprehensive list of information to be contained in your report on your leasehold property in Kirkby Stephen please enquire of your conveyancer in ahead of your conveyancing in Kirkby Stephen

I have just appointed agents to market my 2 bed apartment in Kirkby Stephen.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly service charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is pay the invoice 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 found a house that seems to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have just found out that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Kirkby Stephen. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Kirkby Stephen ?

The majority of houses in Kirkby Stephen are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Kirkby Stephen in which case you should be shopping around for a Kirkby Stephen conveyancing solicitor and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’sconsent to conduct alterations. It may be necessary to pay a service charge towards the upkeep of the communal areas where the property is located on an estate. Your solicitor will appraise you on the various issues.

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

Does the lease have more than 80 years left? What prohibitions are contained in the Kirkby Stephen Lease?