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Examples of recent questions relating to leasehold conveyancing in Ormskirk

My fiance and I may need to sub-let our Ormskirk ground floor flat for a while due to taking a sabbatical. We instructed a Ormskirk conveyancing firm in 2001 but they have since shut and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?

A lease governs the relationship between the freeholder and you the flat owner; specifically, it will set out if subletting is not allowed, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Ormskirk do not contain an absolute prevention of subletting – such a clause would undoubtedly devalue the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

I only have 62 years remaining on my lease in Ormskirk. I now want to get lease extension but my freeholder is can not be found. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to find the landlord. On the whole an enquiry agent would be helpful to conduct investigations and to produce a report which can be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on proving the landlord’s disappearance and the application to the County Court covering Ormskirk.

Expecting to complete next month on a studio apartment in Ormskirk. Conveyancing lawyers assured me that they are sending me a report on Monday. What should I be looking out for?

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

  • You should receive a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • The physical extent of the premises. This will be the property itself but may incorporate a roof space or basement if appropriate.
  • Defining your rights in respect of the communal areas in the block.For example, does the lease provide for a right of way over an accessway or hallways?
  • Whether your lease has a provision for a reserve fund?
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions) For a comprehensive list of information to be included in your report on your leasehold property in Ormskirk please enquire of your lawyer in advance of your conveyancing in Ormskirk

    • I today plan to offer on a house that seems to meet my requirements, at a great price which is making it more attractive. I have just been informed that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a leasehold house in Ormskirk. Conveyancing solicitors have not yet been appointed. Will they explain the issues?

    Most houses in Ormskirk are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Ormskirk in which case you should be shopping around for a Ormskirk conveyancing solicitor and check that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’sconsent to carry out changes to the property. You may also be required to pay a contribution towards the maintenance of the communal areas where the house is located on an estate. Your solicitor should report to you on the legal implications.

    Can you offer any advice when it comes to finding a Ormskirk conveyancing firm to deal with our lease extension?

    When appointing a property lawyer for lease extension works (regardless if they are a Ormskirk conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Ormskirk conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

    • Can they put you in touch with client in Ormskirk who can give a testimonial?
  • What are the legal fees for lease extension conveyancing?

    • Ormskirk Leasehold Conveyancing - A selection of Queries Prior to Purchasing

      Generally speaking the cost for major works tend not to be built into the maintenance charges, albeit that a few managing agents in Ormskirk obliged leasehold owners to pay into a sinking fund and this is used to offset against major works. It would be prudent to find out as much as possible about the company managing the block as they can either make your life much simpler or a lot more difficult. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to day to day issues such as the upkeep of the communal areas. Ask prospective neighbours what they think of them. On a final note, investigate as to the dates that the maintenance charges are due to the appropriate party and specifically what it includes. How much is the annual maintenance fee and ground rent?

    Other Topics

    Lease Extensions in Ormskirk