My wife and I may need to sub-let our Handforth 1st floor flat temporarily due to a career opportunity. We instructed a Handforth conveyancing firm in 2003 but they have closed and we did not think at the time get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Some leases for properties in Handforth do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot 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 am hoping to sign contracts shortly on a ground floor flat in Handforth. Conveyancing lawyers assured me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Handforth should include some of the following:

• How long the lease is You should be advised as what happens when the lease ends, and aware of the importance of not letting the lease term falling below eighty years

I work for a reputable estate agent office in Handforth where we have experienced a few leasehold sales put at risk as a result of leases having less than 80 years remaining. I have received conflicting advice from local Handforth conveyancing firms. Please can you shed some light as to whether the seller of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has been the owner 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. This means that the buyer can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.

Alternatively, it may be possible 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 purchaser.

What are your top tips when it comes to appointing a Handforth conveyancing firm to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Handforth conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Handforth conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• If they are not ALEP accredited then why not?

Are there frequently found deficiencies that you encounter in leases for Handforth properties?

There is nothing unique about leasehold conveyancing in Handforth. All leases are individual and legal mistakes in the legal wording can sometimes mean that certain provisions are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the premises
• A duty to insure the building
• 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 will have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Coventry Building Society, and Barclays Direct all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, obliging the buyer to pull out.

Handforth Leasehold Conveyancing - A selection of Questions you should consider Prior to buying

Is the freehold reversion owned collectively by the tenants? Most Handforth leasehold properties will incur a service charge for maintenance of the block set on behalf of the management company. Where you buy the flat you will have to meet this amount, usually in instalments accross the year. This can vary from two or three hundred pounds to thousands of pounds for large purpose-built blocks. In all probability there will be a ground rent to be met annual, this is usually not a large amount, say about £25-£75 but you should to enquire it because occasionally it can be many hundreds of pounds. This information is important as a) areas could cause problems for the block as the communal areas may start to deteriorate if maintenance are not paid for b) if the tenants have a dispute with the managing agents you will want to have full disclosure

Other Topics

Lease Extensions in Handforth