Frequently asked questions relating to Northallerton leasehold conveyancing
My fiance and I may need to let out our Northallerton garden flat for a while due to a career opportunity. We instructed a Northallerton conveyancing firm in 2003 but they have since shut and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?
A small minority of properties in Northallerton do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.
I own a leasehold house in Northallerton. Conveyancing and Barclays mortgage organised. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Northallerton who previously acted has long since retired.What should I do?
The first thing you should do is contact the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Northallerton conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I've recently bought a leasehold house in Northallerton. 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. However, 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 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 finding a Northallerton conveyancing practice to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Northallerton conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Northallerton conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:
- How experienced is the practice with lease extension legislation?
Do you have any top tips for leasehold conveyancing in Northallerton from the perspective of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Northallerton can be bypassed where you get in touch lawyers the minute your agents start advertising the property and request that they start to put together the leasehold documentation needed by the buyers conveyancers.
- If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Northallerton state that internal structural alterations or laying down wooden flooring require a licence issued by the Landlord acquiescing to such changes. Where you fail to have the consents in place do not communicate with the landlord without contacting your lawyer in the first instance.
Northallerton Leasehold Conveyancing - Sample of Queries Prior to buying
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How many years remain on the lease?
Where a Northallerton lease has no more than eighty years it will have adverse implications on the salability of the flat. Check with your mortgage company that they are content with the length of the lease. A short lease means that you will probably have to extend the lease at some point and it is worth discovering how much this would cost. For most Northallertonlease extensions you will be required to have owned the residence for 24 months in order to be eligible to carry out a lease extension.
This information is helpful as a) areas may cause problems for the block as the communal areas may begin to deteriorate if services are not paid for b) if the leasehold owners have an issue with the managing agents you will need to have full disclosure
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