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Recently asked questions relating to Alderley Edge leasehold conveyancing

Having checked my lease I have discovered that there are only Sixty One years remaining on my lease in Alderley Edge. I now want to extend my lease but my freeholder is absent. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to find the lessor. For most situations an enquiry agent would be helpful to conduct investigations and to produce an expert document to be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer both on proving the landlord’s absence and the application to the County Court overseeing Alderley Edge.

Due to complete next month on a basement flat in Alderley Edge. Conveyancing solicitors assured me that they are sending me a report on Monday. What should I be looking out for?

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

  • You should be sent a copy of the lease
  • The physical extent of the demise. This will be the apartment itself but may incorporate a roof space or cellar if applicable.
  • You must be told what constitutes 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
  • You should have a good understanding of the insurance provisions
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Alderley Edge please enquire of your solicitor in ahead of your conveyancing in Alderley Edge

    • I have just started marketing my 2 bed apartment in Alderley Edge.Conveyancing has not commenced but I have just had a quarterly service charge invoice – Do I pay up?

    Your conveyancing lawyer is likely to suggest that you should pay the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

    Can you provide any top tips for leasehold conveyancing in Alderley Edge with the intention of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in Alderley Edge can be avoided if you get in touch lawyers as soon as you market your property and ask them to put together the leasehold documentation needed by the purchasers’ representatives.
    • Many landlords or Management Companies in Alderley Edge levy fees for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Alderley Edge.
  • If you have carried out any alterations to the property would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Alderley Edge leases often stipulate that internal structural alterations or addition of wooden flooring require a licence from the Landlord approving such changes. Should you dont have the approvals in place do not contact the landlord without contacting your conveyancer before hand.
  • If you hold a share in a the freehold, you should make sure that you are holding the original share certificate. Obtaining a replacement share certificate can be a lengthy process and frustrates many a Alderley Edge home move. Where a reissued share certificate is necessary, you should approach the company officers or managing agents (if applicable) for this sooner rather than later.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this via your solicitors. A buyer’s lawyer will not be happy to advise their client to to exchange contracts if the lease term is less than 75 years. It is therefore important at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • Completion in due on the sale of our £250000 apartment in Alderley Edge in just under a week. The landlords agents has quoted £336 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Alderley Edge?

    Alderley Edge conveyancing on leasehold maisonettes more often than not requires the buyer’s lawyer sending questions for the landlord to address. Although the landlord is under no legal obligation to answer such questions most will be willing to do so. They are at liberty charge a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The management information fee demanded by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration charges, without which the charge is not strictly payable. Reality however dictates that you have little choice but to pay whatever is demanded if you want to sell the property.

    Alderley Edge Leasehold Conveyancing - Sample of Queries before Purchasing

      You will want to find out as much as you can about the company managing the building as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to practical matters like the tidiness of the common parts. You should not be afraid to ask prospective neighbours whether they are happy with them. In conclusion, be sure you understand the dates that you are obliged pay the service charge to the managing agents and precisely how they are spending the funds. How much is the ground rent and service charge? Does the lease have more than 90 years unexpired?

    Other Topics

    Lease Extensions in Alderley Edge