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Rawcliffe leasehold conveyancing: Q and A’s

My fiance and I may need to rent out our Rawcliffe basement flat temporarily due to a new job. We used a Rawcliffe conveyancing firm in 2003 but they have since shut and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?

Some leases for properties in Rawcliffe do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience dictates 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 today plan to offer on a house that appears to tick a lot of boxes, at a great price which is making it more attractive. I have subsequently found out that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Rawcliffe. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?

The majority of houses in Rawcliffe are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. it is apparent that you are purchasing in Rawcliffe in which case you should be looking for a Rawcliffe conveyancing solicitor and check that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the landlord’spermission to carry out alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the house is located on an estate. Your lawyer should advise you fully on all the issues.

Last month I purchased a leasehold flat in Rawcliffe. Do I have any liability for service charges for periods before my ownership?

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 ensure 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).

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

If you are instructing a solicitor for your lease extension (regardless if they are a Rawcliffe conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Rawcliffe conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

  • If the firm is not ALEP accredited then what is the reason?
  • What are the costs for lease extension conveyancing?

    • Do you have any advice for leasehold conveyancing in Rawcliffe with the purpose of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Rawcliffe can be reduced where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information needed by the purchasers’ conveyancers.
    • In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Rawcliffe state that internal structural alterations or addition of wooden flooring calls for a licence from the Landlord acquiescing to such changes. Should you dont have the consents to hand do not communicate with the landlord without contacting your conveyancer first.
  • Some Rawcliffe 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 financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet the yearly 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
  • If you are supposed to have a share in the Management Company, you should make sure that you hold the original share document. Organising a re-issued share certificate can be a time consuming formality and delays many a Rawcliffe home move. If a new share is necessary, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this by asking your solicitors. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is less than 80 years. It is therefore important at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • Leasehold Conveyancing in Rawcliffe - A selection of Questions you should consider Prior to buying

      Is anyone aware of any major works on the horizon that will increase the service charges? This information is useful as a) areas can cause problems in the building as the communal areas may start to deteriorate if repairs are not paid for b) if the leasehold owners have a dispute with the managing agents you will wish to know about it For most Rawcliffe leaseholds the outlay for major works are not included within service charges, albeit that there some managing agents in Rawcliffe ask leasehold owners to pay into a reserve fund and this is used to offset against larger works.

    Other Topics

    Lease Extensions in Rawcliffe