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

Notwithstanding that your previous Congleton conveyancing lawyer is not available you can review your lease to check if it allows you to sublet the property. The accepted inference is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you must obtain permission from your landlord or some other party before subletting. This means you not allowed to sublet without prior permission. The consent should not be unreasonably turned down. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

There are only 62 years remaining on my lease in Congleton. I now wish to get lease extension but my landlord is absent. What options are available to me?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. However, you will be required to prove that you or your lawyers have done all that could be expected to find the lessor. In some cases an enquiry agent should be useful to try and locate and to produce a report which can be used as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court covering Congleton.

Estate agents have just been given the go-ahead to market my garden apartment in Congleton.Conveyancing has not commenced but I have just received a yearly maintenance charge invoice – Do I pay up?

The sensible thing to do is clear 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 managing agents 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. This will smooth the conveyancing process.

I am hoping to put an offer on a small detached house that appears to be perfect, at a reasonable price which is making it all the more appealing. I have subsequently found out that the title is leasehold rather than freehold. I would have thought that there are issues buying a leasehold house in Congleton. Conveyancing solicitors have are soon to be appointed. Will they explain the issues?

Most houses in Congleton 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 apparent that you are buying in Congleton so you should seriously consider shopping around for a Congleton conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a contribution towards the upkeep of the estate where the property is part of an estate. Your lawyer should advise you fully on all the issues.

I've recently bought a leasehold flat in Congleton. Do I have any liability for service charges for periods before my ownership?

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. However, your landlord may still be able to take action to forfeit the lease. A critical element 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).

Congleton Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

Plenty Congleton leasehold properties will incur a service charge for maintenance of the building invoiced on behalf of the freeholder. Should you buy the flat you will have to pay this charge, normally in instalments accross the year. This could differ from a few hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. There will also be a ground rent to be met annual, normally this is not a significant sum, say approximately £25-£75 but you should to enquire it because occasionally it can be prohibitively expensive. The best form of lease arrangement is where the freehold reversion is in the ownership of the leaseholders. In this scenario the tenants benefit from being in charge if their destiny and although a managing agent is usually retained if it is bigger than a house conversion, the managing agent is directed by the tenants. It is important to be aware whether fixing the lift or some other major work is due shortly to be shared by the leaseholders and could well materially impact the level of the service fees or require a one off invoice.

Other Topics

Lease Extensions in Congleton