Fixed-fee leasehold conveyancing in Trimdon:

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Common questions relating to Trimdon leasehold conveyancing

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

A small minority of properties in Trimdon do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to 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 only have Fifty years unexpired on my flat in Trimdon. I now want to get lease extension but my freeholder is missing. What are my options?

If you qualify, 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 enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to locate the landlord. On the whole a specialist would be helpful to try and locate and to produce a report which can be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a solicitor both on proving the landlord’s absence and the vesting order request to the County Court covering Trimdon.

I have just appointed agents to market my garden apartment in Trimdon.Conveyancing has not commenced but I have just received a half-yearly service charge demand – should I leave it to the buyer to sort out?

The sensible thing to do is discharge 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 management companies will not acknowledge the buyer unless 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 today plan to offer on a house that seems to be perfect, at a reasonable price which is making it all the more appealing. I have subsequently found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Trimdon. Conveyancing advisers have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Trimdon ?

The majority of houses in Trimdon are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Trimdon in which case you should be looking for a Trimdon conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the landlord’sconsent to carry out changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the property is part of an estate. Your lawyer will report to you on the legal implications.

Do you have any top tips for leasehold conveyancing in Trimdon from the point of view of speeding up the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Trimdon can be reduced if you instruct lawyers the minute you market your property and request that they start to collate the leasehold documentation which will be required by the buyers conveyancers.
  • If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Trimdon state that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord consenting to such alterations. Where you dont have the approvals in place do not contact the landlord without checking with your conveyancer before hand.
  • A minority of Trimdon leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The 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 buyers or their solicitors.
  • If you have had conflict with your freeholder or managing agents it is essential that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may have to bite the bullet 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 prior to 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 present the dispute as historic rather than ongoing.
  • If you are supposed to have a share in the freehold, you should ensure that you have the original share certificate. Arranging a replacement share certificate can be a time consuming process and frustrates many a Trimdon conveyancing transaction. If a duplicate share certificate is necessary, you should approach the company officers or managing agents (where applicable) for this as soon as possible.

    • Trimdon Leasehold Conveyancing - Sample of Questions you should consider before Purchasing

      The answer will be useful as a) areas could cause problems in the block as the common areas may start to deteriorate if maintenance remain unpaid b) if the tenants have a dispute with the running of the building you will need to have full disclosure It would be sensible to find out as much as possible about the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you are frequently in the clutches of the managing agents both financially and when it comes to practical issues such as the upkeep of the common parts. Don't be afraid to ask other tenants what they think of them. In conclusion, investigate as to the dates that you are obliged pay the service charge to the relevant party and specifically what it includes. Are any of leasehold owners in arrears of their service charge liability?

    Other Topics

    Lease Extensions in Trimdon