Fixed-fee leasehold conveyancing in Nelson:

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While any conveyancing practice can theoretically deal with your leasehold conveyancing in Nelson, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Frequently asked questions relating to Nelson leasehold conveyancing

I wish to sublet my leasehold apartment in Nelson. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Even though your last Nelson conveyancing solicitor is not around you can check your lease to see if it allows you to sublet the apartment. The rule is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you need to obtain consent from your landlord or some other party prior to subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. Such consent should not be unreasonably refused ore delayed. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

I only have 68 years unexpired on my lease in Nelson. I now wish to get lease extension but my freeholder is can not be found. What options are available to me?

If you meet the appropriate requirements, 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 mean that your lease can be extended by the magistrate. You will be obliged to prove that you or your lawyers have done all that could be expected to track down the freeholder. On the whole a specialist should be helpful to try and locate and prepare a report to be used as proof that the landlord can not be located. It is wise to seek advice from a solicitor in relation to proving the landlord’s absence and the application to the County Court overseeing Nelson.

Planning to sign contracts shortly on a basement flat in Nelson. Conveyancing solicitors assured me that they will have a report out to me next week. What should I be looking out for?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Setting out your rights in relation to the communal areas in the building.For example, does the lease include a right of way over an accessway or hallways?
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • You should have a good understanding of the insurance provisions
  • 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 rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Nelson please enquire of your solicitor in ahead of your conveyancing in Nelson

    • Last month I purchased a leasehold property in Nelson. Am I liable to pay service charges for periods before completion of my purchase?

    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. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure 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).

    What advice can you give us when it comes to choosing a Nelson conveyancing practice to deal with our lease extension?

    If you are instructing a property lawyer for your lease extension (regardless if they are a Nelson conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Nelson conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

    • How experienced is the practice with lease extension legislation?
  • Can they put you in touch with client in Nelson who can give a testimonial?

    • Leasehold Conveyancing in Nelson - A selection of Queries before buying

      Are any of leasehold owners in dispute over their service charge payments? Generally speaking the cost for major works tend not to be incorporated into the service charges, albeit that there some managing agents in Nelson require tenants to pay into a reserve fund and this is used to offset against larger repairs or maintenance. Are there any major works in the planning that will likely increase the service fees?

    Other Topics

    Lease Extensions in Nelson