I want to sublet my leasehold flat in Radcliffe. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Notwithstanding that your previous Radcliffe conveyancing solicitor is no longer available you can check your lease to check if it allows you to sublet the property. The accepted inference is that if the deeds are silent, subletting is allowed. There may be a precondition that you must seek permission via your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet without prior consent. Such consent is not allowed to be unreasonably refused ore delayed. If the lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

Having checked my lease I have discovered that there are only Fifty years left on my flat in Radcliffe. I now want to get lease extension but my landlord 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 an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to prove that you or your lawyers have made all reasonable attempts to find the landlord. On the whole a specialist should be helpful to try and locate and prepare a report to be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a solicitor in relation to proving the landlord’s disappearance and the application to the County Court overseeing Radcliffe.

I have just appointed agents to market my basement flat in Radcliffe.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly maintenance charge demand – Do I pay up?

The sensible thing to do is discharge the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

Last month I purchased a leasehold flat in Radcliffe. Do I have any liability for service charges for periods before completion of my purchase?

In a situation 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 appointing a Radcliffe conveyancing firm to carry out our lease extension conveyancing?

When appointing a solicitor for lease extension works (regardless if they are a Radcliffe conveyancing practice) 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 Radcliffe conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• How experienced is the practice with lease extension legislation?

Radcliffe Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to Purchasing

Where a Radcliffe lease has fewer than 80 years it will have adverse implications on the marketability of the property. Check with your bank that they are content with remaining years on the lease. A short lease means that you will most likely require a lease extension sooner rather than later and it is worth finding out what this will be. Remember, in most cases you would be required to have been the owner of the residence for two years in order to be legally able to carry out a lease extension. Is anyone aware of any major works in the planning that could increase the service fees? This information is useful as a) areas could result in problems for the building as the common areas may begin to deteriorate if maintenance remain unpaid b) if the leasehold owners have a dispute with the managing agents you will wish to have complete disclosure

Other Topics

Lease Extensions in Radcliffe