My husband and I may need to let out our Cheetham Hill ground floor flat temporarily due to taking a sabbatical. We instructed a Cheetham Hill conveyancing firm in 2002 but they have closed and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Cheetham Hill do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see 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 permission.

Back In 2003, I bought a leasehold house in Cheetham Hill. Conveyancing and Santander mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in Cheetham Hill who previously acted has now retired.Any advice?

First contact HMLR to make sure that the individual claiming to own the freehold is in fact the new freeholder. It is not necessary to incur the fees of a Cheetham Hill conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Last month I purchased a leasehold flat in Cheetham Hill. Am I liable to pay service charges for periods before my ownership?

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. Strange as it may seem, 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 ensure 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 employed by a reputable estate agent office in Cheetham Hill where we have witnessed a few flat sales put at risk due to leases having less than 80 years remaining. I have received contradictory information from local Cheetham Hill conveyancing solicitors. Can you clarify whether the vendor of a flat can instigate the lease extension process for the buyer?

Provided that the seller has been the owner 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. The benefit of this is that the buyer need not have to wait 2 years for a lease extension. 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 buyer.

What are your top tips when it comes to choosing a Cheetham Hill conveyancing firm to deal with our lease extension?

When appointing a solicitor for your lease extension (regardless if they are a Cheetham Hill conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Cheetham Hill conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

• How familiar is the practice with lease extension legislation?

Leasehold Conveyancing in Cheetham Hill - A selection of Queries before buying

Please note if it is fewer than 80 years it will affect the value of the property. It is worth checking with your bank that they are willing to lend given the lease term. A short lease means that you will probably have to extend the lease at some point and it is worth discovering what this will be. For most Cheetham Hilllease extensions you would need to own the residence for two years in order to be eligible to carry out a lease extension. It would be sensible to find out if the the lease contains any onerous restrictions in the lease. For instance it is very common in Cheetham Hill leases that pets are not allowed in certain buildings in Cheetham Hill. If you love the flatin Cheetham Hill however your dog can’t move with you then you will be presented with a hard decision. Its a good idea to find out as much as you can concerning the company managing the block as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to day to day issues such as the tidiness of the common parts. Enquire of other tenants if they are happy with them. In conclusion, find out the dates that the maintenance charges are due to the managing agents and specifically how they are spending the funds.

Other Topics

Lease Extensions in Cheetham Hill