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Examples of recent questions relating to leasehold conveyancing in Welton

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

Some leases for properties in Welton do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience dictates 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 recently bought a leasehold house in Welton. Am I liable to pay service charges for periods before my ownership?

In a situation 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. Strange as it may seem, 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).

I work for a reputable estate agent office in Welton where we see a number of flat sales jeopardised due to leases having less than 80 years remaining. I have been given contradictory information from local Welton conveyancing firms. Could you clarify whether the seller of a flat can start the lease extension formalities for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

What are your top tips when it comes to appointing a Welton conveyancing firm to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Welton conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Welton conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:

  • If they are not ALEP accredited then why not?
  • How many lease extensions have they conducted in Welton in the last 12 months?

    • Do you have any advice for leasehold conveyancing in Welton with the purpose of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Welton can be bypassed where you instruct lawyers as soon as you market your property and ask them to put together the leasehold information needed by the buyers solicitors.
    • The majority freeholders or Management Companies in Welton levy fees for providing management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Welton.
  • If you have carried out any alterations to the premises would they have required Landlord’s permission? Have you, for example installed wooden flooring? Welton leases often stipulate that internal structural changes or laying down wooden flooring require a licence issued by the Landlord acquiescing to such works. Where you fail to have the approvals to hand do not contact the landlord without contacting your lawyer before hand.
  • Some Welton leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet the annual 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If you hold a share in a the freehold, you should ensure that you have the original share document. Arranging a new share certificate is often a lengthy formality and frustrates many a Welton home move. Where a new share certificate is necessary, you should approach the company officers or managing agents (if relevant) for this as soon as possible.

    • Welton Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying

      It would be sensible to discover if there are any onerous restrictions in the lease. For example it is very common in Welton leases that pets are not allowed in certain buildings in Welton. If you like the flatin Welton but your cat is not allowed to make the move with you then you will be faced difficult determination. Best to be warned if a new roof is being put on or some other major work is anticipated to be shared by the tenants and will materially increase the the maintenance costs or require a one off payment. Are any of leasehold owners in arrears of their service charge payments?

    Other Topics

    Lease Extensions in Welton