Sample questions relating to Yarm leasehold conveyancing
My fiance and I may need to sub-let our Yarm garden flat for a while due to taking a sabbatical. We used a Yarm conveyancing practice in 2004 but they have since shut and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?
Notwithstanding that your previous Yarm conveyancing lawyer is no longer around you can check your lease to see if you are permitted to let out the property. The rule is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you are obliged to seek permission via your landlord or some other party in advance of subletting. This means that you cannot sublet without prior consent. The consent is not allowed to be unreasonably turned down. If the lease does not allow you to sublet you should ask your landlord for their consent.
Estate agents have just been given the go-ahead to market my ground floor flat in Yarm.Conveyancing has not commenced but I have just had a half-yearly service charge demand – should I leave it to the buyer to sort out?
It best that you 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. Having a clear account will assist your cause and will leave you no worse off financially.
I am hoping to put an offer on a small detached house that appears to be perfect, at a reasonable figure which is making it all the more appealing. I have since found out that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Yarm. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?
The majority of houses in Yarm 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 buying in Yarm so you should seriously consider shopping around for a Yarm conveyancing practitioner and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a contribution towards the maintenance of the estate where the property is part of an estate. Your lawyer should report to you on the legal implications.
Last month I purchased a leasehold house in Yarm. Do I have any liability for service charges relating to a period prior to my ownership?
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. 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).
What advice can you give us when it comes to finding a Yarm conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a solicitor for lease extension works (regardless if they are a Yarm conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Yarm conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:
- How familiar is the firm with lease extension legislation?
Leasehold Conveyancing in Yarm - A selection of Questions you should ask before buying
What prohibitions exist in the Yarm Lease?
The prefered form of lease structure is if the freehold reversion is in the ownership of the leaseholders. In this arrangement the lessees have being in charge if their destiny and although a managing agent is frequently retained if the building is larger than a house conversion, the managing agent employed by the leaseholders.
What is the name of the managing agents?