Recently asked questions relating to Liverpool leasehold conveyancing
Harry (my fiance) and I may need to rent out our Liverpool garden flat temporarily due to taking a sabbatical. We used a Liverpool conveyancing firm in 2002 but they have since shut and we did not think at the time get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
Even though your last Liverpool conveyancing lawyer is no longer around you can review your lease to see if you are permitted to let out the premises. The rule is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you need to seek consent from your landlord or some other party before subletting. This means you not allowed to sublet without first obtaining consent. The consent should not be unreasonably refused ore delayed. If your lease prohibits you from subletting the property you will need to ask your landlord for their consent.
Having checked my lease I have discovered that there are only Fifty years unexpired on my flat in Liverpool. I now wish to extend my lease but my freeholder is missing. What should I do?
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 lengthened by the magistrate. You will be obliged to prove that you have made all reasonable attempts to locate the freeholder. In some cases a specialist should be helpful to conduct investigations and to produce an expert document which can be used as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s absence and the vesting order request to the County Court overseeing Liverpool.
Expecting to sign contracts shortly on a garden flat in Liverpool. Conveyancing solicitors inform me that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Liverpool should include some of the following:
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
I own a leasehold house in Liverpool. Conveyancing and Norwich and Peterborough Building Society mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1997. The conveyancing solicitor in Liverpool who acted for me is not around.Do I pay?
First make enquiries of HMLR to be sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Liverpool conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
What are your top tips when it comes to finding a Liverpool conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for lease extension works (regardless if they are a Liverpool conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Liverpool conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:
- If the firm is not ALEP accredited then what is the reason?
Leasehold Conveyancing in Liverpool - Examples of Questions you should consider before Purchasing
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In the main the outlay for major works are not included within maintenance charges, although there some managing agents in Liverpool ask leaseholders to pay into a reserve fund and this is used to offset against larger works.
Does the lease have in excess of 85 years unexpired?
What is the annual maintenance fee and ground rent?
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