Fixed-fee leasehold conveyancing in Yarm:

When it comes to leasehold conveyancing in Yarm, you will need to instruct a conveyancing practitioner with leasehold experience. Whether your lender is to be Santander, Yorkshire Building Society or Bradford & Bingley be sure to choose a lawyer on their panel. Feel free to use our search tool

Yarm leasehold conveyancing Example Support Desk Enquiries

My husband and I may need to let out our Yarm 1st floor flat temporarily due to taking a sabbatical. We instructed a Yarm conveyancing practice in 2002 but they have since shut and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?

Your lease dictates the relationship between the landlord and you the flat owner; specifically, it will say if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Yarm do not prevent strict prohibition on subletting – such a clause would adversely affect the market value the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

I've found a house that appears to meet my requirements, at a great figure which is making it more attractive. I have subsequently been informed that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Yarm. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Yarm ?

Most houses in Yarm are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Yarm so you should seriously consider looking for a Yarm conveyancing solicitor and check that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’spermission to carry out alterations. It may be necessary to pay a service charge towards the upkeep of the communal areas where the house is part of an estate. Your lawyer should appraise you on the various issues.

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?

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).

What advice can you give us when it comes to finding a Yarm conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for your lease extension (regardless if they are a Yarm conveyancing firm) 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 make enquires with two or three firms including non Yarm conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:

  • What volume of lease extensions has the firm carried out in Yarm in the last year?
  • Can they put you in touch with client in Yarm who can give a testimonial?

  • Do you have any top tips for leasehold conveyancing in Yarm from the point of view of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Yarm can be bypassed if you appoint lawyers the minute you market your property and ask them to collate the leasehold documentation needed by the buyers lawyers.
    • Many freeholders or managing agents in Yarm levy fees for supplying management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management information sought on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Yarm.
  • If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Yarm leases often stipulate that internal structural changes or installing wooden flooring require a licence from the Landlord acquiescing to such changes. Where you dont have the consents in place you should not communicate with the landlord without contacting your conveyancer before hand.
  • Some Yarm 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 obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is 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 purchasers or their solicitors.
  • If you have had any disputes with your freeholder or managing agents it is essential that these are settled before the property is marketed. The buyers and their solicitors will be concerned about purchasing a property where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to present the dispute as historic rather than unresolved.

  • Leasehold Conveyancing in Yarm - A selection of Queries before buying

      How many of the leaseholders are in arrears for their service charge payments? Who takes responsibility for maintaining and repairing the building? You will want to discover as much as you can concerning the company managing the building as they will either make living at the property much easier or uncomfortable. As the proprietor of a leasehold property you are frequently at the mercy of the managing agents from a financial perspective and when it comes to practical issues like the upkeep of the communal areas. You should not be afraid to ask prospective neighbours what they think of them. On a final note, be sure you discover the dates that the service charges are due to the appropriate party and precisely how they are spending the funds.

    Other Topics

    Lease Extensions in Yarm