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When it comes to leasehold conveyancing in Pudsey, you will need to chose a conveyancing lawyer with leasehold experience. Whether your lender is to be Halifax, Birmingham Midshires or Nationwide be sure to find a lawyer on their approved list. Feel free to use our search tool

Questions and Answers: Pudsey leasehold conveyancing

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

Your lease governs relations between the freeholder and you the leaseholder; specifically, it will say if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Pudsey do not prevent subletting altogether – such a provision would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

I have recently realised that I have Sixty One years remaining on my lease in Pudsey. I now wish to get lease extension but my freeholder is can not be found. What options are available to me?

On the basis that 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 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 Court. You will be obliged to demonstrate that you have made all reasonable attempts to track down the freeholder. For most situations an enquiry agent may be useful to carry out a search and prepare a report which can be used as proof that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing Pudsey.

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have since found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Pudsey. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Pudsey ?

The majority of houses in Pudsey are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are buying in Pudsey in which case you should be shopping around for a Pudsey conveyancing solicitor and check that they are used to advising on leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’sconsent to conduct changes to the property. You may also be required to pay a contribution towards the upkeep of the estate where the house is located on an estate. Your lawyer should advise you fully on all the issues.

I own a leasehold flat in Pudsey. Conveyancing and Halifax mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1994. The conveyancing practitioner in Pudsey who acted for me is not around.What should I do?

First contact HMLR to be sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to incur the fees of a Pudsey conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Can you provide any advice for leasehold conveyancing in Pudsey with the intention of speeding up the sale process?

  • Much of the delay in leasehold conveyancing in Pudsey can be bypassed where you instruct lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the purchasers’ representatives.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Pudsey state that internal structural changes or installing wooden flooring require a licence issued by the Landlord acquiescing to such changes. Should you fail to have the consents to hand do not communicate with the landlord without contacting your lawyer before hand.
  • Some Pudsey leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If you have had conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be warry about purchasing a flat where a dispute is unsettled. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is better to reveal the dispute as historic rather than unsettled.
  • You believe that you know the number of years remaining on your lease but it would be advisable double-check by asking your solicitors. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is below 80 years. It is therefore important at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Pudsey Conveyancing for Leasehold Flats - A selection of Questions you should consider before buying

      Most Pudsey leasehold flats will have a service charge for maintenance of the block set on behalf of the freeholder. Should you buy the flat you will have to meet this amount, usually periodically during the year. This may differ from a few hundred pounds to thousands of pounds for blocks with lifts and large common grounds. In all probability there will be a ground rent to be met annual, this is usually not a large figure, say approximately £50-£100 but you need to check as occasionally it can be surprisingly expensive. The answer will be useful as a) areas can result in problems for the block as the common areas may begin to deteriorate where services are not paid for b) if the leaseholders have a dispute with the managing agents you will want to have complete disclosure It is important to be aware if fixing the lift or some other significant cost is coming up to be shared by the tenants and will dramatically impact the level of the service costs or require a specific invoice.

    Other Topics

    Lease Extensions in Pudsey