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Leasehold conveyancing in Knaresborough is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Knaresborough and across next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Recently asked questions relating to Knaresborough leasehold conveyancing

I would like to rent out my leasehold flat in Knaresborough. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Even though your previous Knaresborough conveyancing solicitor is not around you can check your lease to see if it allows you to sublet the apartment. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you need to seek consent from your landlord or some other party in advance of subletting. The net result is you not allowed to sublet without first obtaining permission. Such consent should not be unreasonably refused ore delayed. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

Having checked my lease I have discovered that there are only 72 years remaining on my flat in Knaresborough. I need to get lease extension but my landlord is missing. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. However, you will be required to demonstrate that you have made all reasonable attempts to find the landlord. In some cases a specialist would be helpful to try and locate and prepare a report to be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer in relation to investigating the landlord’s absence and the application to the County Court overseeing Knaresborough.

I am a negotiator for a busy estate agent office in Knaresborough where we see a number of flat sales jeopardised due to leases having less than 80 years remaining. I have been given conflicting advice from local Knaresborough conveyancing firms. Could you confirm whether the seller of a flat can start the lease extension formalities 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 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 before, or at the same time as completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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 finding a Knaresborough conveyancing firm to carry out our lease extension conveyancing?

When appointing a solicitor for lease extension works (regardless if they are a Knaresborough conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non Knaresborough conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

  • If they are not ALEP accredited then what is the reason?
  • What volume of lease extensions has the firm carried out in Knaresborough in the last twenty four months?

    • Do you have any top tips for leasehold conveyancing in Knaresborough from the point of view of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Knaresborough can be bypassed where you appoint lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation which will be required by the buyers lawyers.
    • Many landlords or managing agents in Knaresborough charge for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Knaresborough.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Knaresborough state that internal structural alterations or addition of wooden flooring necessitate a licence from the Landlord approving such changes. Where you dont have the paperwork to hand do not communicate with the landlord without checking with your conveyancer in the first instance.
  • If you have had any disputes with your freeholder or managing agents it is very important that these are settled before the property is marketed. The buyers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over as opposed to unresolved.
  • If you are supposed to have a share in the Management Company, you should make sure that you hold the original share certificate. Obtaining a duplicate share certificate is often a lengthy formality and frustrates many a Knaresborough conveyancing deal. If a reissued share certificate is required, do contact the company officers or managing agents (where applicable) for this as soon as possible.

    • Knaresborough Conveyancing for Leasehold Flats - Sample of Questions you should consider before Purchasing

      Who takes charge for maintaining and repairing the block? It would be prudent to discover as much as you can regarding the managing agents as they can either make your life much easier or a lot more difficult. Being a leasehold owner you are frequently in the clutches of the managing agents both financially and when it comes to daily matters such as the cleanliness of the common parts. Ask other tenants whether they are happy with them. In conclusion, find out the dates that the service charges are due to the appropriate party and precisely how they are spending that money. It is important to be aware if redecorating or some other major work is pending that will be shared by the leaseholders and will dramatically increase the the service costs or result in a one off invoice.

    Other Topics

    Lease Extensions in Knaresborough