My husband and I may need to sub-let our Horwich ground floor flat temporarily due to a career opportunity. We used a Horwich conveyancing firm in 2003 but they have closed and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?

Some leases for properties in Horwich 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.

Planning to complete next month on a ground floor flat in Horwich. Conveyancing lawyers assured me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Horwich should include some of the following:

• You should be sent a copy of the lease

The total extent of the premises. This will be the property itself but could also include a roof space or basement if applicable.

Defining your rights in relation to common areas in the building.By way of example, does the lease contain a right of way over a path or hallways?

Whether your lease has a provision for a reserve fund?

You should have a good understanding of the insurance provisions

Repair and maintenance of the flat

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide. For a comprehensive list of information to be included in your report on your leasehold property in Horwich please ask your conveyancer in advance of your conveyancing in Horwich

I am looking at a couple of maisonettes in Horwich both have about forty five years unexpired on the leases. should I be concerned?

A lease is a legal document that entitles you to use the property for a prescribed time frame. As the lease gets shorter the value of the lease deteriorate and results in it becoming more expensive to extend the lease. For this reason it is advisable to extend the lease term. Sometimes it is difficult to sell a property with a short lease as mortgage companies may be reluctant to lend money on properties of this type. Lease extension can be a difficult process. We advise that you get professional assistance from a solicitor and surveyor with experience in this area

What are your top tips when it comes to choosing a Horwich conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for your lease extension (regardless if they are a Horwich conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Horwich conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

• How experienced is the practice with lease extension legislation?

If the firm is not ALEP accredited then what is the reason?

If all goes to plan we aim to complete our sale of a £475000 maisonette in Horwich next week. The landlords agents has quoted £396 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Horwich?

Horwich conveyancing on leasehold flats ordinarily results in fees being raised by freeholders :

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

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Horwich leasehold premises is £350. For Horwich 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 supply answers.

Horwich Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to buying

For most Horwich leaseholds the outlay for major works are not included within service charges, albeit that some managing agents in Horwich require leasehold owners to contribute towards a sinking fund created for the specific purpose of building a fund for larger repairs or maintenance. It would be sensible to enquire if there are any onerous prohibitions in the lease. For instance it is fairly common in Horwich leases that pets are not allowed in in a block in Horwich. If you love the propertyin Horwich however your dog is not allowed to make the move with you then you have a very difficult compromise. Who is in charge of the building?

Other Topics

Lease Extensions in Horwich