Examples of recent questions relating to leasehold conveyancing in Whaley Bridge
My fiance and I may need to let out our Whaley Bridge basement flat for a while due to a career opportunity. We instructed a Whaley Bridge conveyancing firm in 2004 but they have closed and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?
Some leases for properties in Whaley Bridge 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 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 today plan to offer on a house that seems to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have subsequently found out that the title is leasehold as opposed to freehold. I am assuming that there are issues purchasing a leasehold house in Whaley Bridge. Conveyancing advisers have not yet been appointed. Will they explain the issues?
The majority of houses in Whaley Bridge are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Whaley Bridge in which case you should be shopping around for a Whaley Bridge conveyancing solicitor and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’spermission to conduct changes to the property. You may also be required to pay a contribution towards the upkeep of the communal areas where the house is located on an estate. Your solicitor will appraise you on the various issues.
My wife and I purchased a leasehold house in Whaley Bridge. Conveyancing and Halifax mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1996. The conveyancing practitioner in Whaley Bridge who acted for me is not around.Any advice?
First make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to instruct a Whaley Bridge conveyancing lawyer to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am attracted to a two flats in Whaley Bridge both have about forty five years unexpired on the leases. Should I regard a short lease as a deal breaker?
There are plenty of short leases in Whaley Bridge. The lease is a legal document that entitles you to use the property for a prescribed time frame. As a lease gets shorter the marketability of the lease deteriorate and it becomes more costly to acquire a lease extension. This is why it is advisable to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a protracted process. We advise that you get professional assistance from a conveyancer and surveyor with experience in this field
Do you have any top tips for leasehold conveyancing in Whaley Bridge with the intention of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Whaley Bridge can be bypassed where you instruct lawyers the minute your agents start advertising the property and ask them to collate the leasehold information needed by the buyers representatives.
- Some Whaley Bridge leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference will need to confirm that the buyers are 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 buyers or their lawyers.
Whaley Bridge Leasehold Conveyancing - A selection of Queries before buying
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How many years are left on the lease?
Best to be warned if a new roof is being installed or some other significant cost is pending that will be shared between the leaseholders and may well dramatically impact the level of the service costs or necessitate a one time invoice.
Most Whaley Bridge leasehold flats will be liable to pay a service bill for maintenance of the building invoiced by the landlord. If you buy the flat you will have to meet this contribution, normally quarterly accross the year. This may vary from a few hundred pounds to thousands of pounds for large purpose-built blocks. In all likelihood there will be a ground rent for you to pay annual, this is usually not a large figure, say about £25-£75 but you should to enquire it because on occasion it could be prohibitively expensive.
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