Having had my offer accepted I require leasehold conveyancing in Whitby. Before I get started I would like to find out the remaining lease term.

Assuming the lease is recorded at the land registry - and most are in Whitby - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

My fiance and I may need to rent out our Whitby garden flat for a while due to a career opportunity. We used a Whitby conveyancing firm in 2002 but they have since shut and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

The lease dictates relations between the freeholder and you the flat owner; in particular, it will indicate if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in Whitby do not contain an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.

I today plan to offer on a house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have subsequently discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Whitby. Conveyancing advisers have are soon to be instructed. Will they explain the issues?

The majority of houses in Whitby are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Whitby in which case you should be looking for a Whitby conveyancing solicitor and be sure that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the landlord’sconsent to conduct changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the house is part of an estate. Your conveyancer should advise you fully on all the issues.

Can you offer any advice when it comes to appointing a Whitby conveyancing firm to deal with our lease extension?

When appointing a property lawyer for lease extension works (regardless if they are a Whitby conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Whitby conveyancing practices prior to 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 what is the reason?

All being well we will complete the disposal of our £475000 flat in Whitby in six days. The managing agents has quoted £348 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Whitby?

Whitby conveyancing on leasehold apartments usually requires the buyer’s lawyer sending enquiries for the landlord to address. Although the landlord is not legally bound to respond to such questions the majority will be willing to assist. They may charge a reasonable administration fee for answering questions or supplying documentation. There is no set fee. The average costs for the information that you are referring to is over three hundred pounds, in some cases it exceeds £800. The administration charge invoiced by the landlord must be accompanied by a summary of rights and obligations in relation to administration charges, otherwise the charge is technically not due. In reality you have little choice but to pay whatever is requested of you should you wish to exchange contracts with the buyer.

Whitby Leasehold Conveyancing - Examples of Questions you should ask Prior to buying

Who is in charge of the block? You should be aware if it is fewer than eighty years it will impact the value of the apartment. It is worth checking with your lender that they are willing to lend given the lease term. A short lease means that you will probably need a lease extension sooner rather than later and you need to have some idea of how much this will be. Remember, in most cases you would need to own the property for two years in order to be eligible to exercise a lease extension. How is the lease structured?

Other Topics

Lease Extensions in Whitby