Having had my offer accepted I require leasehold conveyancing in Peak District. Before diving in I want to be sure as to the remaining lease term.

If the lease is registered - and 99.9% are in Peak District - 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.

I wish to sublet my leasehold flat in Peak District. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

A small minority of properties in Peak District do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

My wife and I purchased a leasehold house in Peak District. Conveyancing and Barclays Direct mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Peak District who acted for me is not around.Do I pay?

First make enquiries of the Land Registry to be sure that this person is indeed the new freeholder. There is no need to instruct a Peak District conveyancing practitioner to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am employed by a long established estate agent office in Peak District where we have witnessed a number of flat sales put at risk due to leases having less than 80 years remaining. I have received inconsistent advice from local Peak District conveyancing firms. Please can you clarify whether the vendor of a flat can instigate the lease extension formalities for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

All being well we will complete the disposal of our £325000 apartment in Peak District on Friday in a week. The managing agents has quoted £396 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Peak District?

Peak District conveyancing on leasehold flats normally requires the purchaser’s solicitor submitting enquiries for the landlord to address. Although the landlord is not legally bound to answer such questions most will be content to do so. They may levy a reasonable charge for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is over three hundred pounds, in some cases it exceeds £800. The management information fee invoiced by the landlord must be accompanied by a summary of rights and obligations in respect of administration fees, without which the invoice is not strictly payable. Reality however dictates that you have little choice but to pay whatever is requested of you should you wish to complete the sale of your home.

Leasehold Conveyancing in Peak District - Examples of Questions you should consider before Purchasing

Make sure you investigate if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being allowed in in a block in Peak District. If you love the flatin Peak District but your dog can’t move with you then you will be presented with a hard choice. You will want to discover as much as possible concerning the managing agents as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are frequently at the mercy of the managing agents from a financial perspective and when it comes to practical matters like the cleanliness of the communal areas. Ask other tenants what they think of them. Finally, investigate as to the dates that you are obliged pay the maintenance charge to the appropriate party and precisely how they are spending the funds. How many of the leaseholders are in arrears for their maintenance charge payments?

Other Topics

Lease Extensions in Peak District