Quality lawyers for Leasehold Conveyancing in Barton le Willows

Get a Quote

Whether you are buying or selling leasehold flat in Barton le Willows, our panel of leasehold conveyancing experts will help you move with as little stress as possible. Find a Barton le Willows conveyancing lawyer with our search tool

Common questions relating to Barton le Willows leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Barton le Willows. Before I get started I require certainty as to the unexpired term of the lease.

If the lease is registered - and 99.9% are in Barton le Willows - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I wish to rent out my leasehold flat in Barton le Willows. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Some leases for properties in Barton le Willows do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to review 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.

Looking forward to complete next month on a basement flat in Barton le Willows. Conveyancing lawyers have said that they are sending me a report tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in Barton le Willows should include some of the following:

  • You should receive a copy of the lease
  • The physical extent of the property. This will be the apartment itself but could also include a roof space or cellar if applicable.
  • Does the lease prevent you from subletting the flat, or having a home office for business
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • 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 a comprehensive list of information to be contained in your report on your leasehold property in Barton le Willows please enquire of your conveyancer in advance of your conveyancing in Barton le Willows

    • I am employed by a reputable estate agency in Barton le Willows where we have witnessed a few flat sales jeopardised due to leases having less than 80 years remaining. I have received conflicting advice from local Barton le Willows conveyancing solicitors. Can you shed some light as to whether the owner of a flat can instigate the lease extension formalities for the buyer?

    Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser 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 has to be done prior to, or at the same time as 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 purchaser.

    Do you have any advice for leasehold conveyancing in Barton le Willows with the aim of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Barton le Willows can be bypassed if you instruct lawyers the minute your agents start marketing the property and ask them to collate the leasehold documentation needed by the purchasers’ solicitors.
    • If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Barton le Willows state that internal structural alterations or laying down wooden flooring necessitate a licence issued by the Landlord acquiescing to such works. Where you dont have the consents to hand do not communicate with the landlord without checking with your solicitor in advance.
  • If you have had conflict with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a property where a dispute is unresolved. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic rather than unresolved.
  • If you hold a share in a the freehold, you should make sure that you are holding the original share certificate. Obtaining a re-issued share certificate is often a lengthy formality and delays many a Barton le Willows conveyancing transaction. Where a new share is required, you should approach the company director and secretary or managing agents (if relevant) for this sooner rather than later.
  • You believe that you know the number of years left on your lease but it would be wise to verify this via your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is under 80 years. In the circumstances it is essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • I own a 1st floor flat in Barton le Willows, conveyancing formalities finalised 5 years ago. Can you work out an approximate cost of a lease extension? Similar properties in Barton le Willows with over 90 years remaining are worth £180,000. The average or mid-range amount of ground rent is £60 per annum. The lease runs out on 21st October 2081

    With 56 years left to run we estimate the price of your lease extension to span between £26,600 and £30,800 plus professional fees.

    The suggested premium range above a general guide to costs for renewing a lease, but we are not able to supply the actual costs in the absence of comprehensive due diligence. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be considered and you obviously should be as accurate as possible in your negotiations. Please do not move forward based on this information without first seeking the advice of a professional.

    Other Topics

    Lease Extensions in Barton le Willows