Having had my offer accepted I require leasehold conveyancing in Alderley Edge. Before I get started I want to be sure as to the unexpired term of the lease.

Assuming the lease is registered - and most are in Alderley Edge - then the leasehold title will always include the basic details 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.

Frank (my husband) and I may need to rent out our Alderley Edge basement flat temporarily due to a new job. We instructed a Alderley Edge conveyancing firm in 2004 but they have closed and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

A small minority of properties in Alderley Edge 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.

What are your top tips when it comes to choosing a Alderley Edge conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a solicitor for your lease extension (regardless if they are a Alderley Edge conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Alderley Edge conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

• How experienced is the practice with lease extension legislation?

What volume of lease extensions have they completed in Alderley Edge in the last 12 months?

Can you provide any advice for leasehold conveyancing in Alderley Edge from the point of view of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Alderley Edge can be avoided where you instruct lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold information which will be required by the buyers conveyancers.
• If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Alderley Edge state that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord approving such alterations. Where you dont have the consents in place you should not communicate with the landlord without contacting your solicitor first.

A minority of Alderley Edge leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are 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 hold a share in a the Management Company, you should ensure that you are holding the original share document. Obtaining a duplicate share certificate is often a time consuming formality and delays many a Alderley Edge conveyancing transaction. If a duplicate share is necessary, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.

You may think that you are aware of the number of years left on your lease but it would be wise to double-check by asking your solicitors. A buyer’s lawyer will be unlikely to recommend their client to where the remaining number of years is below 75 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

Completion in due on the sale of our £250000 apartment in Alderley Edge next Friday . The management company has quoted £408 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Alderley Edge?

For most leasehold sales in Alderley Edge conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing pre-exchange enquiries
• Where consent is required before sale in Alderley Edge
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Alderley Edge leasehold premises is £350. For Alderley Edge conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply the information.

Alderley Edge Conveyancing for Leasehold Flats - Examples of Queries before buying

It would be prudent to find out if there is anything that is prohibited in the lease. By way of example it is reasonably common in Alderley Edge leases that pets are not permitted in certain buildings in Alderley Edge. If you like the flatin Alderley Edge but your dog is not allowed to make the move with you then you have a very difficult determination. On the whole the outlay for major works tend not to be included within maintenance charges, although a few managing agents in Alderley Edge obliged tenants to contribute towards a reserve fund and this is used to offset against major works. Who manages the building?

Other Topics

Lease Extensions in Alderley Edge