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Questions and Answers: Alsager leasehold conveyancing

My fiance and I may need to let out our Alsager garden flat for a while due to a new job. We instructed a Alsager conveyancing practice in 2002 but they have since shut and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?

Some leases for properties in Alsager do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience dictates 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.

There are only Seventy years unexpired on my lease in Alsager. I need to extend my lease but my landlord is can not be found. What options are available to me?

If 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 mean that your lease can be extended by the magistrate. However, you will be required to prove that you have done all that could be expected to locate the landlord. In some cases a specialist should be useful to conduct investigations and prepare an expert document which can be used as proof that the freeholder can not be located. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court covering Alsager.

Planning to exchange soon on a ground floor flat in Alsager. Conveyancing lawyers assured me that they will have a report out to me next week. What should I be looking out for?

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

  • The physical extent of the premises. This will be the apartment itself but might incorporate a loft or cellar if appropriate.
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Does the lease prevent you from subletting the flat, or having a home office for business
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • 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
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What options are open to you if a neighbour is in violation of a provision in their lease? For details of the information to be contained in your report on your leasehold property in Alsager please ask your solicitor in ahead of your conveyancing in Alsager

    • I've found a house that appears to meet my requirements, at a reasonable price which is making it more attractive. I have since found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Alsager. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Alsager ?

    Most houses in Alsager are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Alsager in which case you should be shopping around for a Alsager conveyancing solicitor and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’spermission to carry out alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the house is part of an estate. Your conveyancer should report to you on the legal implications.

    I am looking at a two flats in Alsager both have about forty five years remaining on the leases. should I be concerned?

    There are plenty of short leases in Alsager. The lease is a legal document that entitles you to use the premises for a period of time. As the lease shortens the value of the lease decreases and results in it becoming more costly to extend the lease. For this reason it is generally wise to extend the lease term. It is often difficulties arise selling premises with a short lease as mortgage companies may be reluctant to lend money on such properties. Lease enfranchisement can be a protracted process. We recommend you seek professional help from a conveyancer and surveyor with experience in this field

    Alsager Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to Purchasing

      For many Alsager leaseholds the outlay for major works are not wrapped into the service charges, although some managing agents in Alsager require tenants to contribute towards a sinking fund and this is used to offset against larger works. How long is the Lease? What is the annual service fee and ground rent?

    Other Topics

    Lease Extensions in Alsager