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Littleborough leasehold conveyancing: Q and A’s

My wife and I may need to sub-let our Littleborough ground floor flat for a while due to a career opportunity. We instructed a Littleborough conveyancing firm in 2002 but they have since shut and we did not have the foresight to get any guidance as to whether the lease permits subletting. How do we find out?

Notwithstanding that your last Littleborough conveyancing solicitor is not available you can check your lease to check if you are permitted to let out the property. The accepted inference is that if the lease is non-specific, subletting is allowed. There may be a precondition that you must seek permission via your landlord or other appropriate person prior to subletting. This means you not allowed to sublet in the absence of prior permission. Such consent is not allowed to be unreasonably turned down. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

I have recently realised that I have Fifty years unexpired on my lease in Littleborough. I now want to extend my lease but my landlord is can not be found. What are my options?

On the basis that you qualify, 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 enable the lease to be extended by the Court. However, you will be required to demonstrate that you have used your best endeavours to find the landlord. For most situations an enquiry agent may be useful to conduct investigations and to produce a report which can be used as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s disappearance and the application to the County Court covering Littleborough.

I’m about to sell my 2 bed apartment in Littleborough.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly service charge demand – should I leave it to the buyer to sort out?

It best that you pay the service charge 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 own a leasehold flat in Littleborough. Conveyancing and Virgin Money mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1998. The conveyancing solicitor in Littleborough who acted for me is not around.What should I do?

First make enquiries of HMLR to be sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. There is no need to instruct a Littleborough conveyancing solicitor to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

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

  • A significant proportion of the delay in leasehold conveyancing in Littleborough can be bypassed if you instruct lawyers the minute you market your property and ask them to collate the leasehold documentation needed by the buyers solicitors.
  • Many landlords or Management Companies in Littleborough charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Littleborough.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Littleborough state that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord approving such changes. Where you fail to have the consents to hand do not contact the landlord without checking with your conveyancer before hand.
  • If you have had conflict with your landlord or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over as opposed to unsettled.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check via your lawyers. A buyer’s lawyer will not be happy to advise their client to where the remaining number of years is under 75 years. It is therefore important at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Leasehold Conveyancing in Littleborough - A selection of Questions you should ask before Purchasing

      How long is the Lease? It would be sensible to find out as much as you can regarding the company managing the block as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you are often in the clutches of the managing agents from a financial perspective and when it comes to daily issues like the tidiness of the common parts. Enquire of prospective neighbours whether they are happy with their management. Finally, investigate as to the dates that the service charges are due to the managing agents and precisely what you get for your money. Most Littleborough leasehold flats will be liable to pay a service bill for the upkeep of the building set by the freeholder. Where you purchase the property you will have to meet this liability, usually quarterly accross the year. This could vary from a few hundred pounds to thousands of pounds for buildings with lifts and large common areas. There will also be a rentcharge for you to pay yearly, normally this is not a significant sum, say approximately £50-£100 but you should to enquire as occasionally it can be prohibitively expensive.

    Other Topics

    Lease Extensions in Littleborough