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While any conveyancing solicitor can theoretically handle your leasehold conveyancing in Shipley, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Shipley leasehold conveyancing: Q and A’s

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

The lease dictates the relationship between the freeholder and you the leaseholder; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Shipley do not contain an absolute prevention of subletting – such a provision would adversely affect the market value the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

I only have Fifty years unexpired on my flat in Shipley. I am keen to get lease extension but my landlord is can not be found. What options are available to me?

If 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 enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to prove that you have done all that could be expected to track down the freeholder. In some cases an enquiry agent may be useful to conduct investigations and prepare a report which can be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s disappearance and the vesting order request to the County Court covering Shipley.

I am looking at a two maisonettes in Shipley which have approximately fifty years remaining on the leases. Should I regard a short lease as a deal breaker?

A lease is a right to use the premises for a period of time. As a lease shortens the value of the lease deteriorate and it becomes more expensive to acquire a lease extension. For this reason it is advisable to increase the term of the lease. It is often difficulties arise selling premises with a short lease because mortgage lenders may be reluctant to lend money on such properties. Lease extension can be a difficult process. We advise that you get professional help from a conveyancer and surveyor with experience in this field

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

When appointing a solicitor for your lease extension (regardless if they are a Shipley 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 speak with several firms including non Shipley conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

  • How familiar is the practice with lease extension legislation?
  • Can they put you in touch with client in Shipley who can give a testimonial?

    • Can you provide any top tips for leasehold conveyancing in Shipley from the point of view of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Shipley can be reduced where you instruct lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information needed by the purchasers’ representatives.
    • If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you laid down wooden flooring? Shipley leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence issued by the Landlord acquiescing to such alterations. Should you fail to have the consents in place you should not communicate with the landlord without contacting your lawyer in the first instance.
  • A minority of Shipley leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are 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 buyers or their solicitors.
  • If you hold a share in a the Management Company, you should ensure that you hold the original share certificate. Organising a duplicate share certificate can be a time consuming process and slows down many a Shipley home move. Where a reissued share is required, do contact the company officers or managing agents (if relevant) for this at the earliest opportunity.
  • You believe that you know the number of years left on your lease but it would be wise to verify this via your conveyancers. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the lease term is below 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Shipley Leasehold Conveyancing - Sample of Questions you should ask before Purchasing

      It would be a good idea to find out if the the lease contains any adverse restrictions in the lease. For example plenty of leases prohibit pets being allowed in certain buildings in Shipley. If you love the flatin Shipley yet your cat is not allowed to make the move with you then you will be presented with a difficult compromise. In the main the outlay for major works tend not to be built into the service charges, albeit that there some managing agents in Shipley require leaseholders to contribute towards a reserve fund created for the specific purpose of building a fund for major repairs or maintenance. How long is the Lease?

    Other Topics

    Lease Extensions in Shipley