Having had my offer accepted I require leasehold conveyancing in Heywood. Before I set the wheels in motion I require certainty as to the number of years remaining on the lease.

If the lease is registered - and 99.9% are in Heywood - then the leasehold title will always include the basic details 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.

I wish to let out my leasehold apartment in Heywood. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

The lease governs relations between the freeholder and you the flat owner; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Heywood do not prevent strict prohibition on subletting – such a clause would undoubtedly devalue the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

There are only Seventy years unexpired on my flat in Heywood. I now want to extend my lease but my freeholder is can not be found. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to locate the landlord. On the whole an enquiry agent may be useful to try and locate and prepare a report to be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on proving the landlord’s disappearance and the vesting order request to the County Court covering Heywood.

I've recently bought a leasehold flat in Heywood. Am I liable to pay service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous owner 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. It is an essential part of leasehold conveyancing for your conveyancer to be sure 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).

Completion in due on our sale of a £250000 maisonette in Heywood in just under a week. The landlords agents has quoted £312 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Heywood?

Heywood conveyancing on leasehold flats nine out of ten times necessitates fees being levied by landlords agents :

• Answering pre-contract questions
• Where consent is required before sale in Heywood
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Heywood leasehold property is £350. For Heywood conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to provide answers.

Heywood Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying

Are any of leasehold owners in arrears of their service charge payments? If a Heywood lease has less than eighty years it will have adverse implications on the value of the apartment. It is worth checking with your mortgage company that they are willing to lend given the lease term. A short lease means that you will probably need a lease extension at some point and you need to have some idea of how much this would cost. For most Heywoodlease extensions you would need to own the residence for two years in order to be eligible to extend the lease. It would be wise to find out as much as you can concerning the managing agents as they can either make your living at the property much easier or much more difficult. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to day to day matters like the cleanliness of the common parts. Ask prospective neighbours what they think of their service. Finally, be sure you understand the dates that you are obliged pay the maintenance charge to the relevant party and specifically what you get for your money.

Other Topics

Lease Extensions in Heywood