Fixed-fee leasehold conveyancing in Shipley:

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Frequently asked questions relating to Shipley leasehold conveyancing

My wife and I may need to let out our Shipley basement flat for a while due to taking a sabbatical. We used a Shipley conveyancing practice in 2002 but they have closed and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

Some leases for properties in Shipley do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse but, in such cases, they would need to review 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 consent.

I have just appointed agents to market my ground floor flat in Shipley.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?

It best that you clear the invoice 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 management companies 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. This will smooth the conveyancing process.

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great figure which is making it all the more appealing. I have subsequently been informed that it's a leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Shipley. Conveyancing advisers have not yet been instructed. Will they explain the issues?

Most houses in Shipley are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Shipley so you should seriously consider looking for a Shipley conveyancing practitioner and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’spermission to conduct alterations. 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 conveyancer will advise you fully on all the issues.

What advice can you give us when it comes to appointing a Shipley conveyancing firm to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a Shipley conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Shipley conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:

  • How many lease extensions has the firm conducted in Shipley in the last 12 months?
  • What are the legal fees for lease extension work?

  • Can you provide any top tips for leasehold conveyancing in Shipley with the aim of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Shipley can be avoided where you instruct lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the buyers conveyancers.
    • If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Shipley state that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord approving such alterations. Where you dont have the approvals to hand do not contact the landlord without contacting your conveyancer first.
  • If you have had any disputes with your landlord or managing agents it is very important that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may need to swallow your pride and pay 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 are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over as opposed to unsettled.
  • If you hold a share in a the Management Company, you should make sure that you are holding the original share document. Obtaining a new share certificate can be a lengthy formality and delays many a Shipley conveyancing transaction. If a new share is necessary, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.
  • You may think that you are aware of the number of years left on your lease but it would be wise to double-check via your conveyancers. A purchaser's conveyancer will not be happy to advise their client to where the lease term is less than 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

  • Leasehold Conveyancing in Shipley - Examples of Queries Prior to buying

      The best form of lease arrangement is if the freehold title is in the ownership of the leaseholders. In this scenario the lessees benefit from being in charge if their destiny and although a managing agent is usually retained if it is larger than a house conversion, the managing agent is directed by the tenants. How long is the Lease? It would be wise to find out if there is anything that is prohibited in the lease. By way of example plenty of leases prohibit pets being permitted in certain buildings in Shipley. If you like the propertyin Shipley but your cat is not allowed to make the move with you then you will be presented with a hard determination.

    Other Topics

    Lease Extensions in Shipley