Fixed-fee leasehold conveyancing in Atherton:

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Sample questions relating to Atherton leasehold conveyancing

I am hoping to exchange soon on a studio apartment in Atherton. Conveyancing lawyers have said that they will have a report out to me next week. Are there areas in the report that I should be focusing on?

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

  • The length of the lease term You should be advised as what happens when the lease expires, and informed of the importance of not letting the lease term falling below eighty years
  • Setting out your legal entitlements in respect of common areas in the building.For example, does the lease include a right of way over a path or staircase?
  • Does the lease prevent you from renting out the property, or having a home office for business
  • You should be told what counts as a Nuisance in the lease
  • 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.
  • Responsibility for repairing the window frames
  • What you can do 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 Atherton please enquire of your conveyancer in ahead of your conveyancing in Atherton

  • My wife and I purchased a leasehold house in Atherton. Conveyancing and Nationwide Building Society mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1993. The conveyancing solicitor in Atherton who previously acted has now retired.What should I do?

    The first thing you should do is contact the Land Registry to make sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Atherton conveyancing practitioner to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    I am attracted to a couple of apartments in Atherton which have in the region of forty five years left on the lease term. Should I regard a short lease as a deal breaker?

    A lease is a right to use the property for a prescribed time frame. As the lease gets shorter the value of the lease deteriorate and results in it becoming more costly to acquire a lease extension. This is why it is often a good idea to extend the lease term. It is often difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on such properties. Lease extension can be a difficult process. We advise that you seek professional help from a solicitor and surveyor with experience in this arena

    I am employed by a busy estate agent office in Atherton where we have experienced a number of flat sales jeopardised due to short leases. I have been given conflicting advice from local Atherton conveyancing solicitors. Please can you shed some light as to whether the seller of a flat can commence the lease extension process for the purchaser on completion of the sale?

    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 to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.

    Alternatively, it may be possible 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.

    Do you have any advice for leasehold conveyancing in Atherton with the aim of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Atherton can be avoided where you get in touch lawyers as soon as your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the buyers solicitors.
    • Many landlords or Management Companies in Atherton charge for providing management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Atherton.
  • If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you installed wooden flooring? Most leases in Atherton state that internal structural alterations or laying down wooden flooring necessitate a licence from the Landlord approving such changes. Where you dont have the consents to hand do not contact the landlord without contacting your lawyer in the first instance.
  • If you have had any disputes with your freeholder or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to present the dispute as historic rather than unsettled.
  • If you hold a share in a the Management Company, you should make sure that you have the original share certificate. Organising a new share certificate is often a time consuming process and slows down many a Atherton home move. If a new share is necessary, do contact the company officers or managing agents (where applicable) for this as soon as possible.

  • Atherton Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying

      Is anyone aware of any major works anticipated that could increase the service charges? How much is the service charge and ground rent on the apartment? Best to be warned if changing the roof or some other significant cost is pending to be shared by the leaseholders and will dramatically impact the level of the maintenance fees or result in a one off payment.

    Other Topics

    Lease Extensions in Atherton