Experts for Leasehold Conveyancing in Knottingley

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While any conveyancing solicitor can theoretically handle your leasehold conveyancing in Knottingley, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Recently asked questions relating to Knottingley leasehold conveyancing

I today plan to offer on a house that appears to meet my requirements, at a great price which is making it all the more appealing. I have just been informed that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in Knottingley. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Knottingley ?

Most houses in Knottingley are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Knottingley so you should seriously consider shopping around for a Knottingley conveyancing practitioner and check that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’spermission to carry out alterations. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the house is part of an estate. Your lawyer will advise you fully on all the issues.

Back In 2001, I bought a leasehold flat in Knottingley. Conveyancing and National Westminster Bank mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Knottingley who acted for me is not around.Any advice?

The first thing you should do is contact the Land Registry to be sure that the individual purporting to own the freehold is in fact the new freeholder. You do not need to instruct a Knottingley conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am a negotiator for a reputable estate agency in Knottingley where we have experienced a number of leasehold sales derailed due to leases having less than 80 years remaining. I have been given contradictory information from local Knottingley conveyancing solicitors. Can you confirm whether the seller of a flat can commence the lease extension process for the buyer?

As long as the seller has owned the lease 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. The benefit of this is that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

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 purchaser.

What are your top tips when it comes to appointing a Knottingley conveyancing firm to carry out our lease extension conveyancing?

When appointing a conveyancer for lease extension works (regardless if they are a Knottingley conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Knottingley conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

  • What volume of lease extensions have they carried out in Knottingley in the last year?
  • What are the legal fees for lease extension conveyancing?

    • Do you have any top tips for leasehold conveyancing in Knottingley with the aim of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Knottingley can be bypassed if you appoint lawyers as soon as your agents start advertising the property and ask them to collate the leasehold information needed by the buyers conveyancers.
    • If you have carried out any alterations to the property would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in Knottingley state that internal structural changes or installing wooden flooring require a licence from the Landlord approving such works. If you dont have the paperwork in place you should not contact the landlord without contacting your lawyer in advance.
  • Some Knottingley leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the yearly 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 purchasers or their solicitors.
  • If you have had conflict with your landlord or managing agents it is very important that these are settled before the property is marketed. The buyers and their solicitors will be warry about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or settle 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 historic as opposed to ongoing.
  • You may think that you are aware of the number of years left on your lease but it would be advisable double-check via your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to where the remaining number of years is below 75 years. It is therefore important at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • Knottingley Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to buying

      The prefered form of lease arrangement is if the freehold title is in the ownership of the leaseholders. In this arrangement the leaseholders benefit from being in charge if their destiny and although a managing agent is often employed where the building is larger than a house conversion, the managing agent employed by the leaseholders. How many years remain on the lease? You should be aware that where the lease has less than eighty years it will affect the salability of the flat. It is worth checking with your lender that they are willing to lend given the lease term. A short lease means that you will probably have to extend the lease sooner rather than later and it is worth discovering how much this would cost. Remember, in most cases you will be be obliged to have owned the property for two years in order to be legally able to extend the lease.

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    Lease Extensions in Knottingley