Fixed-fee leasehold conveyancing in Baguley:

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

Baguley leasehold conveyancing: Q and A’s

I am intending to rent out my leasehold apartment in Baguley. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

A small minority of properties in Baguley 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.

My wife and I purchased a leasehold flat in Baguley. Conveyancing and Halifax mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Baguley who previously acted has now retired.Any advice?

First contact HMLR to be sure that the individual purporting to own the freehold is indeed the new freeholder. There is no need to incur the fees of a Baguley conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Last month I purchased a leasehold house in Baguley. Am I liable to pay service charges relating to a period prior to completion of my purchase?

In a situation where the service charge has already been demanded from the previous lessee 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. A critical element 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).

Can you offer any advice when it comes to finding a Baguley conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Baguley conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Baguley conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

  • Can they put you in touch with client in Baguley who can give a testimonial?
  • What are the costs for lease extension conveyancing?

  • Do you have any top tips for leasehold conveyancing in Baguley from the perspective of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Baguley can be avoided where you instruct lawyers as soon as you market your property and ask them to collate the leasehold information needed by the buyers solicitors.
    • Many freeholders or Management Companies in Baguley charge for providing management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Baguley.
  • If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example installed wooden flooring? Baguley leases often stipulate that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord approving such works. If you dont have the approvals to hand you should not contact the landlord without checking with your conveyancer in advance.
  • If you have had conflict with your freeholder or managing agents it is essential that these are resolved before the property is marketed. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to present the dispute as historic as opposed to ongoing.
  • You may think that you are aware of the number of years left on your lease but it would be wise to double-check via your solicitors. A purchaser's conveyancer will be unlikely to recommend their client to where the lease term is less than 80 years. It is therefore essential at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

  • Leasehold Conveyancing in Baguley - Examples of Questions you should consider Prior to buying

      What is the name of the managing agents? Are any of leasehold owners in arrears of their service charge payments? Its a good idea to discover as much as you can regarding the company managing the block as they will affect your use and enjoyment of the property. Being a leasehold owner you are often in the clutches of the managing agents both financially and when it comes to practical matters like the cleanliness of the communal areas. Ask other people if they are happy with their service. On a final note, investigate as to the dates that you are obliged pay the service charge to the appropriate party and precisely what you get for your money.

    Other Topics

    Lease Extensions in Baguley