I would like to sublet my leasehold flat in Chorlton. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Even though your last Chorlton conveyancing solicitor is no longer available you can review your lease to check if it allows you to sublet the premises. The accepted inference is that if the lease is silent, subletting is allowed. There may be a precondition that you need to obtain permission from your landlord or some other party prior to subletting. The net result is you not allowed to sublet in the absence of prior consent. The consent should not be unreasonably turned down. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

Expecting to sign contracts shortly on a garden flat in Chorlton. Conveyancing lawyers have said that they will have a report out to me next week. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Chorlton should include some of the following:

• Setting out your legal entitlements in respect of common areas in the block.For instance, does the lease permit a right of way over a path or staircase?

Estate agents have just been given the go-ahead to market my garden apartment in Chorlton.Conveyancing is yet to be initiated but I have just received a yearly service charge invoice – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should pay the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

I've recently bought a leasehold property in Chorlton. Am I liable to pay service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure 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).

Are there common problems that you see in leases for Chorlton properties?

Leasehold conveyancing in Chorlton is not unique. All leases is drafted differently and drafting errors can result in certain clauses are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the premises
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You will have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Leeds Building Society, and Britannia all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the purchaser to pull out.

Chorlton Leasehold Conveyancing - Sample of Questions you should ask before buying

You should want to find out as much as possible about the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you are often in the clutches of the managing agents both financially and when it comes to every day matters like the tidiness of the communal areas. Enquire of other tenants what they think of them. On a final note, find out the dates that you are obliged pay the service charge to the relevant party and specifically how they are spending that money. This question is useful as a) areas may result in problems for the building as the common areas may begin to deteriorate where services remain unpaid b) if the leaseholders have an issue with the managing agents you will need to have all the details For most Chorlton leaseholds the cost for major works tend not to be built into the service charges, although there some managing agents in Chorlton require leaseholders to contribute towards a sinking fund created for the specific intention of building a fund for larger works.

Other Topics

Lease Extensions in Chorlton