Leasehold Conveyancing in Crosby - Get a Quote from the leasehold experts approved by your lender

Get a Quote

Whether you are buying or selling leasehold flat in Crosby, our panel of leasehold conveyancing experts will help you move with as little stress as possible. Find a Crosby conveyancing lawyer with our search tool

Questions and Answers: Crosby leasehold conveyancing

My wife and I may need to rent out our Crosby 1st floor flat for a while due to taking a sabbatical. We instructed a Crosby conveyancing firm in 2002 but they have closed and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?

A lease governs the relationship between the landlord and you the flat owner; specifically, it will set out if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Crosby do not contain subletting altogether – such a provision would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

I have recently realised that I have Sixty One years left on my lease in Crosby. I need to get lease extension but my freeholder is absent. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to track down the lessor. In some cases a specialist should be helpful to carry out a search and prepare a report to be used as proof that the freeholder can not be located. It is advisable to get professional help from a conveyancer in relation to devolving into the landlord’s disappearance and the application to the County Court covering Crosby.

I am hoping to complete next month on a studio apartment in Crosby. Conveyancing solicitors inform me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

  • The total extent of the property. This will be the flat itself but could also incorporate a roof space or cellar if appropriate.
  • Defining your legal entitlements in respect of the communal areas in the building.For instance, does the lease permit a right of way over a path or staircase?
  • 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
  • Whether your lease has a provision for a reserve fund?
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Crosby please ask your solicitor in ahead of your conveyancing in Crosby

    • What are your top tips when it comes to appointing a Crosby conveyancing practice to deal with our lease extension?

    If you are instructing a conveyancer for lease extension works (regardless if they are a Crosby conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non Crosby conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

    • Can they put you in touch with client in Crosby who can give a testimonial?
  • What are the charges for lease extension conveyancing?

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

    • Much of the delay in leasehold conveyancing in Crosby can be bypassed where you instruct lawyers the minute you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ lawyers.
    • The majority freeholders or Management Companies in Crosby charge for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management pack 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 common cause of delay in leasehold conveyancing in Crosby.
  • If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Crosby state that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord approving such changes. If you fail to have the consents in place you should not communicate with the landlord without checking with your lawyer before hand.
  • If you have had any disputes with your landlord or managing agents it is very important that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a flat where a dispute is ongoing. You will have to accept that you will have to pay any arrears of service charge or resolve 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 buyers, but it is clearly preferable to reveal the dispute as historic as opposed to ongoing.
  • If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share document. Arranging a re-issued share certificate is often a time consuming process and slows down many a Crosby conveyancing deal. If a reissued share is necessary, you should approach the company officers or managing agents (if applicable) for this as soon as possible.

    • Leasehold Conveyancing in Crosby - Examples of Questions you should ask Prior to Purchasing

      What prohibitions exist in the Crosby Lease? Are any of leasehold owners in dispute over their service charge payments? It would be wise to find out as much as possible regarding the managing agents as they can either make living at the property much simpler or uncomfortable. As the proprietor of a leasehold property you are often in the clutches of the managing agents from a financial perspective and when it comes to practical matters such as the tidiness of the communal areas. Don't be shy to ask other people what they think of their management. In conclusion, find out the dates that the service fees are due to the managing agents and precisely what you get for your money.

    Other Topics

    Lease Extensions in Crosby