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Top Five Questions relating to Skelmersdale leasehold conveyancing

I am intending to rent out my leasehold apartment in Skelmersdale. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Some leases for properties in Skelmersdale do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to see 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 only have Fifty years unexpired on my flat in Skelmersdale. I am keen to extend my lease but my freeholder is missing. What are my options?

On the basis that you qualify, 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 granted an extra 90 years by the Court. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to find the lessor. On the whole a specialist would be useful to carry out a search and to produce an expert document to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to investigating the landlord’s absence and the vesting order request to the County Court overseeing Skelmersdale.

Expecting to exchange soon on a ground floor flat in Skelmersdale. Conveyancing solicitors have said that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Skelmersdale should include some of the following:

  • You should be sent a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Defining your rights in respect of common areas in the block.By way of example, does the lease grant a right of way over a path or staircase?
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Changes to the flat (alterations and additions)
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For a comprehensive list of information to be contained in your report on your leasehold property in Skelmersdale please ask your lawyer in advance of your conveyancing in Skelmersdale

    • I have just appointed agents to market my 2 bed flat in Skelmersdale.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly maintenance charge invoice – Do I pay up?

    The sensible thing to do is discharge 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 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. This will smooth the conveyancing process.

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

    If you are instructing a solicitor for lease extension works (regardless if they are a Skelmersdale conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non Skelmersdale conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:

    • How experienced is the firm with lease extension legislation?
  • What volume of lease extensions have they completed in Skelmersdale in the last twenty four months?

    • Skelmersdale Leasehold Conveyancing - Examples of Queries before buying

      How many of the leaseholders are in arrears for their service charge payments? It is important to be aware whether redecorating or some other major work is anticipated to be shared amongst the leasehold owners and may well materially increase the the maintenance costs or require a specific payment. Plenty Skelmersdale leasehold flats will be liable to pay a service charge for maintenance of the block invoiced on behalf of the landlord. If you purchase the flat you will have to pay this amount, usually in instalments accross the year. This can be anything from a few hundred pounds to thousands of pounds for bigger purpose-built buildings. In all probability there will be a rentcharge to be met yearly, normally this is not a large figure, say around £50-£100 but you should to enquire as occasionally it could be prohibitively expensive.

    Other Topics

    Lease Extensions in Skelmersdale