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Denton leasehold conveyancing Example Support Desk Enquiries

I am in need of some leasehold conveyancing in Denton. Before diving in I require certainty as to the remaining lease term.

Assuming the lease is registered - and almost all are in Denton - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

My partner and I may need to rent out our Denton 1st floor flat for a while due to a new job. We used a Denton conveyancing practice in 2003 but they have since shut and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

Even though your last Denton conveyancing lawyer is not around you can check your lease to see if it allows you to sublet the property. The rule is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you are obliged to seek permission via your landlord or some other party in advance of subletting. This means you not allowed to sublet in the absence of first obtaining permission. Such consent must not not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

I have recently realised that I have Seventy years unexpired on my lease in Denton. I now want to extend my lease but my landlord is missing. 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. You will be obliged to prove that you have used your best endeavours to find the lessor. In some cases an enquiry agent would be useful to carry out a search and to produce a report to be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer both on proving the landlord’s absence and the vesting order request to the County Court overseeing Denton.

I am a negotiator for a busy estate agent office in Denton where we see a number of leasehold sales jeopardised due to leases having less than 80 years remaining. I have been given inconsistent advice from local Denton conveyancing solicitors. Can you shed some light as to whether the vendor of a flat can commence the lease extension process 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 commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord 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.

Can you provide any advice for leasehold conveyancing in Denton with the aim of speeding up the sale process?

  • Much of the delay in leasehold conveyancing in Denton can be reduced if you appoint lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the buyers lawyers.
  • Many landlords or Management Companies in Denton levy fees for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Denton.
  • In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Denton state that internal structural alterations or addition of wooden flooring require a licence from the Landlord acquiescing to such alterations. Where you fail to have the approvals to hand do not contact the landlord without contacting your conveyancer first.
  • A minority of Denton leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the yearly 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If you hold a share in a the Management Company, you should make sure that you have the original share document. Organising a new share certificate can be a time consuming process and frustrates many a Denton home move. If a new share certificate is needed, you should approach the company officers or managing agents (if applicable) for this as soon as possible.

    • Denton Conveyancing for Leasehold Flats - Sample of Queries before buying

      Is anyone aware of any major works in the planning that could add a premium to the service costs? Please note that where the lease has less than 80 years it will affect the marketability of the property. It is worth checking with your bank that they are happy with residual term of the lease. A short lease means that you will almost definitely require a lease extension at some point and it is worth discovering how much this will be. For most Dentonlease extensions you will be required to have been the owner of the residence for a couple of years before you are legally able to exercise a lease extension. What is the length of the lease?

    Other Topics

    Lease Extensions in Denton