Examples of recent questions relating to leasehold conveyancing in Liverpool
I am intending to sublet my leasehold apartment in Liverpool. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Even though your previous Liverpool conveyancing lawyer is no longer around you can check your lease to check if it allows you to sublet the premises. The accepted inference is that if the lease is silent, subletting is allowed. There may be a precondition that you are obliged to obtain consent from your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet in the absence of prior consent. The consent must not not be unreasonably withheld. If the lease prohibits you from letting out the property you should ask your landlord for their consent.
I am hoping to put an offer on a small detached house that appears to be perfect, at a great figure which is making it all the more appealing. I have subsequently discovered that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns buying a leasehold house in Liverpool. Conveyancing solicitors have are soon to be instructed. Will they explain the issues?
Most houses in Liverpool are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. it is apparent that you are buying in Liverpool so you should seriously consider looking for a Liverpool conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the estate where the house is located on an estate. Your lawyer will appraise you on the various issues.
My wife and I purchased a leasehold flat in Liverpool. Conveyancing and The Royal Bank of Scotland mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Liverpool who acted for me is not around.Do I pay?
First contact the Land Registry to make sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Liverpool conveyancing solicitor to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Last month I purchased a leasehold property in Liverpool. Do I have any liability for service charges for periods before completion of my purchase?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, 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 ensure 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).
Do you have any top tips for leasehold conveyancing in Liverpool from the point of view of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Liverpool can be bypassed where you instruct lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold documentation needed by the buyers representatives.
- If you have carried out any alterations to the premises would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Liverpool state that internal structural alterations or addition of wooden flooring necessitate a licence from the Landlord approving such works. Should you dont have the approvals in place do not communicate with the landlord without contacting your solicitor first.
Liverpool Conveyancing for Leasehold Flats - A selection of Queries before Purchasing
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Please tell me if there are any major works on the horizon that will increase the maintenance costs?
Most Liverpool leasehold properties will have a service bill for the upkeep of the block invoiced by the management company. Where you acquire the apartment you will have to pay this charge, normally in instalments during the year. This can be anything from two or three hundred pounds to thousands of pounds for buildings with lifts and large common grounds. In all probability there will be a rentcharge for you to pay yearly, this is usually not a large amount, say approximately £25-£75 but you need to check as occasionally it could be many hundreds of pounds.
This question is important as a) areas can cause problems in the block as the communal areas may start to deteriorate where maintenance remain unpaid b) if the tenants have a dispute with the running of the building you will want to have all the details
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