Recently asked questions relating to Lake District leasehold conveyancing
My fiance and I may need to rent out our Lake District basement flat for a while due to taking a sabbatical. We instructed a Lake District conveyancing practice in 2002 but they have closed and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?
A small minority of properties in Lake District do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to review references. Experience suggests 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 permission.
I've recently bought a leasehold house in Lake District. Am I liable to pay service charges for periods before completion of my purchase?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Can you offer any advice when it comes to choosing a Lake District conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Lake District conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Lake District conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:
- If they are not ALEP accredited then what is the reason?
Can you provide any top tips for leasehold conveyancing in Lake District with the intention of expediting the sale process?
- Much of the delay in leasehold conveyancing in Lake District can be bypassed where you appoint lawyers the minute your agents start marketing the property and ask them to collate the leasehold information which will be required by the purchasers’ representatives.
- Many landlords or Management Companies in Lake District levy fees for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Lake District.
We expect to complete our sale of a £175000 garden flat in Lake District next Friday . The management company has quoted £396 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Lake District?
For most leasehold sales in Lake District conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
- Addressing conveyancing due diligence questions
- Where consent is required before sale in Lake District
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Lake District Conveyancing for Leasehold Flats - Examples of Queries Prior to buying
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Who are the managing agents?
Many Lake District leasehold apartments will have a service charge for maintenance of the building invoiced on behalf of the landlord. If you buy the flat you will have to pay this amount, usually quarterly accross the year. This could be anything from several hundred pounds to thousands of pounds for bigger purpose-built buildings. In all probability there will be a ground rent for you to pay annual, this is usually not a exorbitant figure, say approximately £25-£75 but you should to check it because sometimes it could be surprisingly expensive.
The answer will be useful as a) areas can cause problems in the block as the common areas may start to deteriorate where services remain unpaid b) if the leaseholders have an issue with the managing agents you will wish to have all the details
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