I am in need of some leasehold conveyancing in Mirfield. Before diving in I would like to find out the remaining lease term.

Assuming the lease is registered - and almost all are in Mirfield - 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.

I’m about to sell my 2 bed flat in Mirfield.Conveyancing is yet to be initiated but I have just received a half-yearly service charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should clear 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 managing agents will not acknowledge the buyer until 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. This will smooth the conveyancing process.

I've found a house that appears to meet my requirements, at a great price which is making it all the more appealing. I have just found out that it's a leasehold rather than freehold. I would have thought that there are issues buying a house with a leasehold title in Mirfield. Conveyancing solicitors have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Mirfield ?

Most houses in Mirfield are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. it is apparent that you are purchasing in Mirfield in which case you should be shopping around for a Mirfield conveyancing practitioner and be sure that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’spermission to carry out alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is part of an estate. Your lawyer should report to you on the legal implications.

Last month I purchased a leasehold property in Mirfield. 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).

I am employed by a long established estate agent office in Mirfield where we have witnessed a few leasehold sales derailed as a result of short leases. I have received contradictory information from local Mirfield conveyancing solicitors. Can you clarify whether the vendor of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Leasehold Conveyancing in Mirfield - Sample of Questions you should ask Prior to Purchasing

What is the name of the managing agents? Most Mirfield leasehold apartments will be liable to pay a service bill for the upkeep of the building set on behalf of the landlord. Where you acquire the apartment you will have to meet this charge, usually in instalments during the year. This can vary from several hundred pounds to thousands of pounds for buildings with lifts and large communal areas. There will also be a ground rent to be met annual, normally this is not a large figure, say about £50-£100 but you should to enquire as occasionally it can be many hundreds of pounds. Make sure you enquire if there are any onerous restrictions in the lease. For example it is reasonably common in Mirfield leases that pets are not permitted in in a block in Mirfield. If you love the propertyin Mirfield but your cat can’t move with you then you have a very hard choice.

Other Topics

Lease Extensions in Mirfield