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Arlesey leasehold conveyancing: Q and A’s

Having had my offer accepted I require leasehold conveyancing in Arlesey. Before diving in I require certainty as to the remaining lease term.

Assuming the lease is registered - and most are in Arlesey - 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 sub-let our Arlesey ground floor flat for a while due to a new job. We used a Arlesey conveyancing practice in 2004 but they have since shut and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

Even though your previous Arlesey conveyancing solicitor is no longer available you can review your lease to see if it allows you to sublet the premises. The rule is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you need to seek consent from your landlord or other appropriate person before subletting. This means you not allowed to sublet in the absence of prior consent. The consent must not not be unreasonably refused ore delayed. If your lease does not allow you to sublet you will need to ask your landlord for their consent.

I am hoping to complete next month on a basement flat in Arlesey. Conveyancing solicitors assured me that they are sending me a report within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in Arlesey should include some of the following:

  • Are you allowed to have a pet in the flat?
  • Whether the lease restricts you from subletting the flat, or working from home
  • You need to be told what counts as a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Responsibility for repairing the window frames
  • What options are open to you if a neighbour is in violation of a provision in their lease? For a comprehensive list of information to be contained in your report on your leasehold property in Arlesey please ask your conveyancer in advance of your conveyancing in Arlesey

  • I am tempted by the attractive purchase price for a couple of maisonettes in Arlesey which have in the region of 50 years unexpired on the leases. Will this present a problem?

    There are plenty of short leases in Arlesey. The lease is a right to use the premises for a prescribed time frame. As a lease gets shorter the marketability of the lease reduces and results in it becoming more costly to extend the lease. For this reason it is often a good idea to extend the lease term. It is often difficult to sell a property with a short lease as mortgage lenders less inclined to grant a loan on properties of this type. Lease enfranchisement can be a protracted process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this field

    I've recently bought a leasehold house in Arlesey. Do I have any liability for service charges relating to a period prior to completion of my purchase?

    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. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure 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).

    Arlesey Leasehold Conveyancing - Examples of Questions you should consider Prior to buying

      Are there any major works anticipated that will likely increase the maintenance charges? The best form of lease arrangement is a share of the freehold. In this situation the lessees have control and notwithstanding that a managing agent is frequently retained where the building is larger than a house conversion, the managing agent employed by the leaseholders. Are any of leasehold owners in arrears of their service charge payments?

    Other Topics

    Lease Extensions in Arlesey