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Questions and Answers: Murton leasehold conveyancing

I wish to rent out my leasehold flat in Murton. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Your lease dictates the relationship between the freeholder and you the flat owner; specifically, it will say if subletting is banned, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Murton do not prevent an absolute prevention of subletting – such a provision would adversely affect the market value the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.

There are only Fifty years unexpired on my flat in Murton. I am keen to extend my lease but my landlord is absent. What should I do?

If 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 granted an extra 90 years by the magistrate. However, you will be required to prove that you have made all reasonable attempts to track down the lessor. On the whole a specialist may be helpful to try and locate and prepare an expert document which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the vesting order request to the County Court overseeing Murton.

Looking forward to sign contracts shortly on a ground floor flat in Murton. Conveyancing solicitors assured me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Murton should include some of the following:

  • You should be sent a copy of the lease
  • The physical extent of the property. This will be the apartment itself but may incorporate a roof space or basement if applicable.
  • You should have a good understanding of the insurance provisions
  • Repair and maintenance of the flat
  • Changes to the flat (alterations and additions)
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For a comprehensive list of information to be included in your report on your leasehold property in Murton please ask your solicitor in ahead of your conveyancing in Murton

    • I am attracted to a two flats in Murton both have in the region of fifty years remaining on the lease term. Should I regard a short lease as a deal breaker?

    There are plenty of short leases in Murton. The lease is a legal document that entitles you to use the premises for a prescribed time frame. As a lease shortens the saleability of the lease deteriorate and it becomes more expensive to acquire a lease extension. For this reason it is generally wise to increase the term of the lease. It is often difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a difficult process. We advise that you get professional assistance from a conveyancer and surveyor with experience in this area

    Last month I purchased a leasehold house in Murton. Do I have any liability for service charges relating to a period prior to completion of my purchase?

    In a situation 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. A critical element 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).

    Leasehold Conveyancing in Murton - Examples of Queries Prior to buying

      Many Murton leasehold properties will be liable to pay a service bill for the upkeep of the block set by the management company. Where you buy the apartment you will have to pay this amount, normally in instalments during the year. This could vary from two or three hundred pounds to thousands of pounds for buildings with lifts and large common grounds. There will also be a ground rent for you to pay annual, ordinarily this is not a exorbitant amount, say approximately £50-£100 but you need to enquire as occasionally it can be many hundreds of pounds. This information is helpful as a) areas can result in problems in the building as the common areas may start to deteriorate where services are not paid for b) if the leaseholders have an issue with the running of the building you will want to know about it It is important to be aware whether fixing the lift or some other significant cost is pending that will be shared by the leaseholders and will materially impact the level of the service charges or require a specific payment.

    Other Topics

    Lease Extensions in Murton