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Frequently asked questions relating to Ulverston leasehold conveyancing

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

Even though your previous Ulverston conveyancing lawyer is not available you can check your lease to check if you are permitted to let out the property. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you need to seek permission via your landlord or other appropriate person before subletting. This means that you cannot sublet in the absence of prior consent. Such consent must not not be unreasonably turned down. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

I am hoping to complete next month on a garden flat in Ulverston. Conveyancing solicitors inform me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

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

  • You should receive a copy of the lease
  • The total extent of the demise. This will be the flat itself but could also incorporate a loft or cellar if appropriate.
  • Whether the lease restricts you from renting out the property, or working from home
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Changes to the flat (alterations and additions)
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Ulverston please ask your conveyancer in advance of your conveyancing in Ulverston

    • I've found a house that appears to tick a lot of boxes, at a great figure which is making it all the more appealing. I have just found out that the title is leasehold as opposed to freehold. I am assuming that there are issues purchasing a leasehold house in Ulverston. Conveyancing solicitors have are about to be appointed. Will they explain the issues?

    Most houses in Ulverston are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are purchasing in Ulverston so you should seriously consider shopping around for a Ulverston conveyancing practitioner and check that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’spermission to carry out changes to the property. It may be necessary to pay a service charge towards the upkeep of the communal areas where the house is located on an estate. Your solicitor will appraise you on the various issues.

    Last month I purchased a leasehold flat in Ulverston. Am I liable to pay service charges relating to a period prior to completion of my purchase?

    In a situation where the service charge has already been demanded from the previous owner 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 ensure 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).

    Do you have any advice for leasehold conveyancing in Ulverston from the point of view of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Ulverston can be reduced where you get in touch lawyers as soon as you market your property and request that they start to put together the leasehold information needed by the buyers lawyers.
    • If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example installed wooden flooring? Ulverston leases often stipulate that internal structural alterations or installing wooden flooring require a licence issued by the Landlord approving such alterations. If you fail to have the approvals to hand do not communicate with the landlord without contacting your solicitor first.
  • Some Ulverston 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 financial (bank) and professional references. Any bank reference will need to confirm that the buyers are 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 there is a history of any disputes with your landlord or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a property where a dispute is unresolved. You may have to bite the bullet and pay any arrears of service charge or resolve 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 will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic rather than unsettled.
  • If you hold a share in a the Management Company, you should ensure that you hold the original share certificate. Obtaining a duplicate share certificate is often a time consuming formality and frustrates many a Ulverston conveyancing deal. Where a new share is necessary, do contact the company director and secretary or managing agents (where relevant) for this as soon as possible.

    • Leasehold Conveyancing in Ulverston - Examples of Queries Prior to Purchasing

      How many of the leaseholders are in arrears for their maintenance charge payments? The prefered form of lease structure is if the freehold reversion is in the ownership of the leaseholders. In this arrangement the lessees benefit from being in charge if their destiny and notwithstanding that a managing agent is usually employed where the building is larger than a house conversion, the managing agent is directed by the tenants. How is the lease structured?

    Other Topics

    Lease Extensions in Ulverston