Fixed-fee leasehold conveyancing in Chorley:

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Chorley leasehold conveyancing: Q and A’s

My fiance and I may need to sub-let our Chorley ground floor flat temporarily due to taking a sabbatical. We used a Chorley conveyancing practice in 2004 but they have since shut and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Chorley conveyancing solicitor is not around you can check your lease to see if it allows you to sublet the apartment. The rule is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you need to obtain permission via your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet without prior permission. The consent must not not be unreasonably withheld. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

I have recently realised that I have 62 years remaining on my flat in Chorley. I am keen to get lease extension but my freeholder is absent. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to locate the freeholder. For most situations a specialist should be helpful to carry out a search and to produce an expert document to be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the application to the County Court covering Chorley.

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

When appointing a conveyancer for lease extension works (regardless if they are a Chorley conveyancing firm) it is imperative that he or she should 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 Chorley conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

  • If they are not ALEP accredited then what is the reason?
  • Can they put you in touch with client in Chorley who can give a testimonial?

    • Do you have any top tips for leasehold conveyancing in Chorley with the purpose of expediting the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Chorley can be bypassed if you get in touch lawyers the minute your agents start marketing the property and request that they start to put together the leasehold documentation needed by the buyers representatives.
    • The majority freeholders or managing agents in Chorley charge for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Chorley.
  • If you have carried out any alterations to the premises would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Chorley state that internal structural alterations or laying down wooden flooring necessitate a licence issued by the Landlord consenting to such changes. If you dont have the consents to hand do not communicate with the landlord without contacting your solicitor first.
  • If you have had any disputes with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and pay any arrears of service charge or resolve 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 ongoing.
  • If you hold a share in a the Management Company, you should ensure that you are holding the original share document. Organising a new share certificate can be a time consuming process and slows down many a Chorley home move. Where a new share certificate is needed, do contact the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

    • Completion in due on the sale of our £300000 maisonette in Chorley next Monday . The landlords agents has quoted £336 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Chorley?

    Chorley conveyancing on leasehold flats normally involves the purchaser’s lawyer sending questions for the landlord to address. Although the landlord is not legally bound to respond to these enquiries the majority will be willing to do so. They are entitled charge a reasonable charge for responding to questions or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The administration charge demanded by the landlord must be accompanied by a summary of rights and obligations in respect of administration charges, otherwise the charge is technically not due. Reality however dictates that you have little option but to pay whatever is requested of you if you want to exchange contracts with the buyer.

    I invested in buying a split level flat in Chorley, conveyancing formalities finalised 2009. How much will my lease extension cost? Equivalent flats in Chorley with over 90 years remaining are worth £200,000. The average or mid-range amount of ground rent is £60 invoiced every year. The lease finishes on 21st October 2091

    You have 67 years left to run we estimate the premium for your lease extension to be between £13,300 and £15,400 plus plus your own and the landlord's "reasonable" professional fees.

    The figure that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more detailed due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt other issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information without first seeking the advice of a professional.

    Other Topics

    Lease Extensions in Chorley