Fixed-fee leasehold conveyancing in Longridge:

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Common questions relating to Longridge leasehold conveyancing

I am on look out for some leasehold conveyancing in Longridge. Before diving in I would like to find out the unexpired term of the lease.

If the lease is recorded at the land registry - and 99.9% are in Longridge - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Helen (my wife) and I may need to let out our Longridge basement flat for a while due to taking a sabbatical. We used a Longridge conveyancing practice in 2001 but they have since shut and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

Even though your previous Longridge conveyancing solicitor is no longer around you can check your lease to check if it allows you to sublet the property. The rule is that if the lease is silent, subletting is permitted. There may be a precondition that you are obliged to seek consent from your landlord or some other party before subletting. The net result is you not allowed to sublet in the absence of prior permission. The consent is not allowed to be unreasonably turned down. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

I only have Sixty One years left on my lease in Longridge. I now want to extend my lease but my freeholder is absent. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to prove that you or your lawyers have made all reasonable attempts to find the freeholder. In some cases a specialist would be useful to conduct investigations and to produce a report to be used as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to investigating the landlord’s absence and the application to the County Court overseeing Longridge.

Last month I purchased a leasehold house in Longridge. Am I liable to pay service charges for periods before my ownership?

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. 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 advice for leasehold conveyancing in Longridge with the purpose of expediting the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Longridge can be reduced where you instruct lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation needed by the purchasers’ representatives.
  • Many freeholders or Management Companies in Longridge levy fees for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. 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 obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Longridge.
  • If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Longridge state that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord acquiescing to such alterations. Where you dont have the paperwork to hand you should not contact the landlord without checking with your solicitor before hand.
  • Some Longridge leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain 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 lawyers.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share certificate. Arranging a replacement share certificate is often a time consuming process and delays many a Longridge conveyancing transaction. Where a reissued share is necessary, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.

    • Leasehold Conveyancing in Longridge - Examples of Questions you should ask Prior to buying

      It would be prudent to discover if there are any onerous restrictions in the lease. By way of example some leases prohibit pets being allowed in certain buildings in Longridge. If you like the propertyin Longridge however your dog can’t live with you then you will be presented with a hard compromise. Can you inform me if there are any major works in the near future that will likely add a premium to the service costs? You should want to find out as much as possible concerning the company managing the building as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to practical matters like the upkeep of the common parts. Ask prospective neighbours what they think of their service. In conclusion, be sure you know the dates that you are obliged pay the service charge to the managing agents and precisely what you get for your money.

    Other Topics

    Lease Extensions in Longridge