Frequently asked questions relating to Chorlton leasehold conveyancing
I am hoping to put an offer on a small detached house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have since discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Chorlton. Conveyancing advisers have are soon to be appointed. Will they explain the issues?
Most houses in Chorlton are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Chorlton in which case you should be shopping around for a Chorlton conveyancing solicitor and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the landlord’sconsent to carry out alterations. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the property is part of an estate. Your lawyer should advise you fully on all the issues.
I own a leasehold house in Chorlton. Conveyancing and The Mortgage Works mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in Chorlton who previously acted has long since retired.Do I pay?
First contact the Land Registry to make sure that this person is indeed the new freeholder. It is not necessary to instruct a Chorlton conveyancing solicitor to do this as it can be done on-line for £3. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am a negotiator for a busy estate agency in Chorlton where we see a number of leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have been given inconsistent advice from local Chorlton conveyancing solicitors. Please can you confirm whether the owner of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?
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. The benefit of this is that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.
An alternative approach is 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 advice can you give us when it comes to choosing a Chorlton conveyancing firm to carry out our lease extension conveyancing?
When appointing a conveyancer for your lease extension (regardless if they are a Chorlton conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Chorlton conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:
- What volume of lease extensions has the firm carried out in Chorlton in the last 12 months?
Do you have any top tips for leasehold conveyancing in Chorlton from the perspective of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Chorlton can be bypassed if you instruct lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold documentation needed by the purchasers’ representatives.
- Many freeholders or Management Companies in Chorlton levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Chorlton.
Chorlton Leasehold Conveyancing - A selection of Questions you should consider Prior to buying
What prohibitions are contained in the Chorlton Lease?
Many Chorlton leasehold apartments will have a service bill for maintenance of the block set on behalf of the freeholder. If you acquire the property you will have to pay this liability, normally periodically throughout the year. This could be anything from a few hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a rentcharge to be met yearly, this is usually not a large sum, say around £50-£100 but you need to check as sometimes it can be surprisingly expensive.
What is the annual service fee and ground rent?