Recently asked questions relating to Chester leasehold conveyancing
Harry (my fiance) and I may need to let out our Chester garden flat for a while due to a career opportunity. We used a Chester conveyancing practice in 2004 but they have closed and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?
Your lease governs relations between the landlord and you the leaseholder; specifically, it will say if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Chester 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 copy of the tenancy agreement.
I only have Seventy years left on my flat in Chester. I now wish to extend my lease but my freeholder is can not be found. What should I do?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to demonstrate that you have used your best endeavours to track down the landlord. In some cases a specialist should be helpful to try and locate and to produce an expert document to be used as proof that the landlord can not be located. It is wise to seek advice from a solicitor both on devolving into the landlord’s absence and the application to the County Court covering Chester.
I today plan to offer on a house that appears to be perfect, at a reasonable price which is making it all the more appealing. I have just discovered that the title is leasehold rather than freehold. I am assuming that there are issues purchasing a leasehold house in Chester. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Chester ?
The majority of houses in Chester are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Chester in which case you should be looking for a Chester conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’sconsent to conduct alterations. It may be necessary to pay a service charge towards the maintenance of the estate where the house is located on an estate. Your lawyer should report to you on the legal implications.
Do you have any advice for leasehold conveyancing in Chester with the intention of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Chester can be reduced if you instruct lawyers as soon as you market your property and ask them to put together the leasehold documentation needed by the buyers solicitors.
- Some Chester leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
All being well we will complete the disposal of our £150000 apartment in Chester next Tuesday . The freeholder has quoted £324 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Chester?
Chester conveyancing on leasehold flats normally necessitates the purchaser’s solicitor submitting enquiries for the landlord to address. Although the landlord is under no legal obligation to address these enquiries most will be willing to assist. They may charge a reasonable administration fee for answering enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some situations it exceeds £800. The management information fee levied by the landlord must be sent together with a synopsis of rights and obligations in relation to administration charges, otherwise the invoice is technically not due. Reality however dictates that one has little option but to pay whatever is demanded if you want to sell the property.
Chester Leasehold Conveyancing - A selection of Questions you should ask before Purchasing
The answer will be important as a) areas may cause problems in the building as the common areas may begin to deteriorate if services remain unpaid b) if the leasehold owners have an issue with the managing agents you will want to know about it
Please note that where the lease has fewer than eighty years it will impact the marketability of the apartment. It is worth checking with your bank that they are content with the length of the lease. A short lease means that you will most likely need a lease extension at some point and you need to have some idea of what this would cost. For most Chesterlease extensions you would be required to have owned the premises for two years in order to be eligible to extend the lease.
Who are the managing agents?