Fixed-fee leasehold conveyancing in Altrincham:

While any conveyancing practice can theoretically handle your leasehold conveyancing in Altrincham, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Common questions relating to Altrincham leasehold conveyancing

I wish to sublet my leasehold apartment in Altrincham. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

The lease dictates the relationship between the freeholder and you the flat owner; in particular, it will indicate if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Altrincham do not contain an absolute prevention of subletting – such a clause would undoubtedly devalue the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

I've recently bought a leasehold property in Altrincham. Am I liable to pay service charges relating to a period prior to completion of my purchase?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

I am a negotiator for a busy estate agent office in Altrincham where we have witnessed a number of leasehold sales derailed as a result of leases having less than 80 years remaining. I have received conflicting advice from local Altrincham conveyancing firms. Please can you clarify whether the seller of a flat can initiate the lease extension process 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. The benefit of this is that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder 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.

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

When appointing a conveyancer for your lease extension (regardless if they are a Altrincham conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Altrincham conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

  • What volume of lease extensions have they completed in Altrincham in the last 12 months?
  • Can they put you in touch with client in Altrincham who can give a testimonial?

  • Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £350000 maisonette in Altrincham on Thursday in a week. The management company has quoted £312 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Altrincham?

    Altrincham conveyancing on leasehold flats usually requires the purchaser’s lawyer sending enquiries for the landlord to address. Although the landlord is under no legal obligation to answer such questions the majority will be content to do so. They are entitled invoice a reasonable administration fee for answering questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some transactions it exceeds £800. The management information fee invoiced by the landlord must be sent together with a synopsis of entitlements and obligations in respect of administration fees, otherwise the charge is technically not due. In reality one has no option but to pay whatever is requested of you if you want to sell the property.

    Leasehold Conveyancing in Altrincham - Examples of Questions you should ask before buying

      This question is helpful as a) areas may result in problems in the block as the common areas may start to deteriorate where repairs remain unpaid b) if the tenants have a dispute with the managing agents you will want to have full disclosure For most Altrincham leaseholds the outlay for major works are not incorporated into the maintenance charges, although there some managing agents in Altrincham obliged leasehold owners to pay into a sinking fund created for the specific purpose of establishing a fund for larger works. The best form of lease structure is a share of the freehold. In this arrangement the lessees benefit from control and although a managing agent is often employed where it is larger than a house conversion, the managing agent employed by the leaseholders.

    Other Topics

    Lease Extensions in Altrincham