My fiance and I may need to sub-let our Great Sankey ground floor flat temporarily due to a career opportunity. We instructed a Great Sankey conveyancing practice in 2004 but they have closed 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?

A small minority of properties in Great Sankey do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I have just appointed agents to market my 2 bed flat in Great Sankey.Conveyancing is yet to be initiated but I have just had a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?

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 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. Having a clear account will assist your cause and will leave you no worse off financially.

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 been informed that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Great Sankey. Conveyancing solicitors have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Great Sankey ?

Most houses in Great Sankey are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are purchasing in Great Sankey so you should seriously consider shopping around for a Great Sankey conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as obtaining the landlord’spermission to carry out alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your lawyer will appraise you on the various issues.

I am attracted to a two flats in Great Sankey both have in the region of 50 years remaining on the leases. Will this present a problem?

There is no doubt about it. A leasehold apartment in Great Sankey is a deteriorating asset as a result of the shortening lease. The closer the lease gets to zero years unexpired, the more it adversely affects the value of the premises. For most buyers and banks, leases with less than eighty years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Great Sankey conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

In relation to leasehold conveyancing in Great Sankey what are the most frequent lease defects?

Leasehold conveyancing in Great Sankey is not unique. All leases are unique and drafting errors can sometimes mean that certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain elements of the building
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

You may have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Leeds Building Society, and Bank of Ireland all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to pull out.

Leasehold Conveyancing in Great Sankey - Examples of Questions you should ask Prior to Purchasing

The majority of Great Sankey leasehold apartments will be liable to pay a service charge for the upkeep of the block set by the landlord. If you acquire the apartment you will have to pay this liability, normally in instalments throughout the year. This may differ from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common areas. There will also be a ground rent for you to pay yearly, ordinarily this is not a exorbitant figure, say about £25-£75 but you should to check as sometimes it can be many hundreds of pounds. You will want to find out as much as you can concerning the managing agents as they can either make your life much simpler or problematic. As the owner of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to every day matters like the upkeep of the common parts. Enquire of other tenants if they are happy with their management. Finally, be sure you know the dates that the maintenance charges are due to the managing agents and specifically what it includes. It would be sensible to find out if the the lease includes any unreasonable restrictions in the lease. For instance some leases prohibit pets being allowed in in a block in Great Sankey. If you like the flatin Great Sankey but your dog is not allowed to live with you then you will be faced hard choice.

Other Topics

Lease Extensions in Great Sankey