Fixed-fee leasehold conveyancing in Todmorden:

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Common questions relating to Todmorden leasehold conveyancing

I am intending to let out my leasehold flat in Todmorden. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Even though your previous Todmorden conveyancing lawyer is not available you can review your lease to see if it allows you to sublet the premises. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you must seek consent via your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet in the absence of prior consent. Such consent should not be unreasonably refused ore delayed. If the lease does not allow you to sublet you should ask your landlord for their consent.

I only have Seventy years left on my flat in Todmorden. I now wish to extend my lease but my landlord is absent. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to track down the lessor. In some cases an enquiry agent would be useful to conduct investigations and prepare an expert document to be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s absence and the application to the County Court overseeing Todmorden.

Planning to sign contracts shortly on a garden flat in Todmorden. Conveyancing solicitors have said that they report fully tomorrow. What should I be looking out for?

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

  • You should be sent a copy of the lease
  • How long the lease is You should be advised as what happens when the lease ends, and aware of the importance of not letting the lease term falling below eighty years
  • The total extent of the demise. This will be the apartment itself but could also include a loft or cellar if applicable.
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Will you be prohibited or prevented from having pets in the property?
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be included in your report on your leasehold property in Todmorden please enquire of your conveyancer in ahead of your conveyancing in Todmorden

    • I have just appointed agents to market my garden apartment in Todmorden.Conveyancing has not commenced but I have just had a half-yearly maintenance charge demand – Do I pay up?

    The sensible thing to do is clear the service charge 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.

    I've recently bought a leasehold property in Todmorden. Am I liable to pay service charges for periods before my ownership?

    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. It is an essential part of leasehold conveyancing for your conveyancer to be sure 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).

    Todmorden Leasehold Conveyancing - Sample of Queries before Purchasing

      The best form of lease structure is if the freehold interest is in the ownership of the leaseholders. In this arrangement the lessees enjoy being in charge if their destiny and even though a managing agent is usually employed where it is bigger than a house conversion, the managing agent is directed by the tenants. For many Todmorden leaseholds the cost for major works are not included within maintenance charges, albeit that some managing agents in Todmorden ask tenants to pay into a reserve fund and this is used to offset against larger repairs or maintenance. It is important to be aware whether changing the roof or some other significant cost is due shortly to be shared by the leasehold owners and will dramatically impact the level of the service fees or result in a one off payment.

    Other Topics

    Lease Extensions in Todmorden