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When it comes to leasehold conveyancing in Shipley, you will need to instruct a conveyancing solicitor with leasehold experience. Whether your lender is to be Clydesdale , RBS or Bradford & Bingley be sure to choose a lawyer on their panel. Find a Shipley conveyancing lawyer with our search tool

Shipley leasehold conveyancing: Q and A’s

I am in need of some leasehold conveyancing in Shipley. Before I get started I want to be sure as to the remaining lease term.

If the lease is recorded at the land registry - and almost all are in Shipley - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I would like to rent out 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?

Some leases for properties in Shipley do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold 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 permission.

I've found a house that appears to meet my requirements, at a great price which is making it all the more appealing. I have subsequently found out that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Shipley. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Shipley ?

The majority of houses in Shipley are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in Shipley in which case you should be shopping around for a Shipley conveyancing practitioner and be sure that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the landlord’spermission to carry out changes to the property. It may be necessary to pay a service charge towards the maintenance of the estate where the property is part of an estate. Your lawyer should appraise you on the various issues.

I am looking at a two maisonettes in Shipley both have approximately 50 years left on the lease term. should I be concerned?

There are plenty of short leases in Shipley. The lease is a legal document that entitles you to use the premises for a prescribed time frame. As the lease shortens the value of the lease deteriorate and results in it becoming more costly to acquire a lease extension. This is why it is often a good idea to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease as mortgage lenders less inclined to grant a loan on properties of this type. Lease extension can be a protracted process. We recommend you get professional help from a solicitor and surveyor with experience in this field

Can you provide any top tips for leasehold conveyancing in Shipley with the intention of speeding up the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Shipley can be avoided where you get in touch lawyers as soon as your agents start advertising the property and ask them to put together the leasehold documentation which will be required by the purchasers’ solicitors.
  • If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you installed wooden flooring? Shipley leases often stipulate that internal structural changes or laying down wooden flooring require a licence issued by the Landlord consenting to such works. Should you dont have the approvals in place you should not communicate with the landlord without checking with your solicitor before hand.
  • A minority of Shipley leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying 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 purchasers or their lawyers.
  • If there is a history of conflict with your landlord or managing agents it is essential that these are resolved before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a property where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. 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 purchasers, but it is better to present the dispute as historic as opposed to unsettled.
  • You may think that you are aware of the number of years left on your lease but you should double-check via your conveyancers. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is below 80 years. In the circumstances it is 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 premises on the market for sale.

    • Shipley Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

      Is there a share of the freehold? Best to be warned if redecorating or some other significant cost is coming up to be shared by the leaseholders and could well materially impact the level of the service charges or result in a one off payment. Are any of leasehold owners in dispute over their service charge liability?

    Other Topics

    Lease Extensions in Shipley