I am intending to rent out my leasehold apartment in Hazel Grove. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

A small minority of properties in Hazel Grove do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see 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 permission.

Having checked my lease I have discovered that there are only Sixty One years unexpired on my lease in Hazel Grove. I need to get lease extension 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 apply 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 magistrate. However, you will be required to prove that you or your lawyers have done all that could be expected to locate the landlord. On the whole a specialist may be useful to conduct investigations and to produce an expert document which can be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer both on devolving into the landlord’s absence and the application to the County Court covering Hazel Grove.

I’m about to sell my 2 bed apartment in Hazel Grove.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly service charge invoice – what should I do?

It best that you clear the service charge 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 until 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've found a house that seems to meet my requirements, at a reasonable figure which is making it more attractive. I have just been informed that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Hazel Grove. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Hazel Grove ?

Most houses in Hazel Grove are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are buying in Hazel Grove in which case you should be looking for a Hazel Grove conveyancing practitioner and be sure that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’spermission to conduct alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the house is part of an estate. Your solicitor will report to you on the legal implications.

I am employed by a long established estate agent office in Hazel Grove where we have witnessed a few flat sales jeopardised as a result of short leases. I have been given conflicting advice from local Hazel Grove conveyancing firms. Please can you clarify whether the seller of a flat can start the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to 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 prior to, or at the same time as completion of the disposal of the property.

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 buyer.

Leasehold Conveyancing in Hazel Grove - Examples of Questions you should consider Prior to Purchasing

Best to be warned if changing the roof or some other major work is anticipated to be shared between the tenants and may well dramatically impact the level of the maintenance fees or result in a one off invoice. Many Hazel Grove leasehold apartments will be liable to pay a service bill for maintenance of the block set on behalf of the freeholder. Should you buy the apartment you will have to meet this amount, normally quarterly accross the year. This could differ from several hundred pounds to thousands of pounds for buildings with lifts and large communal areas. There will also be a rentcharge for you to pay annual, this is usually not a large figure, say around £50-£100 but you need to check it because on occasion it can be many hundreds of pounds. Its a good idea to discover as much as you can about the managing agents as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to day to day issues such as the upkeep of the common parts. You should not be shy to ask prospective neighbours whether they are happy with them. Finally, investigate as to the dates that you are obliged pay the service charge to the appropriate party and specifically how they are spending the funds.

Other Topics

Lease Extensions in Hazel Grove