Recently asked questions relating to Knutsford leasehold conveyancing
I am in need of some leasehold conveyancing in Knutsford. Before diving in I want to be sure as to the unexpired term of the lease.
Assuming the lease is recorded at the land registry - and most are in Knutsford - then the leasehold title will always include the short particulars 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.
Frank (my husband) and I may need to sub-let our Knutsford 1st floor flat temporarily due to a new job. We used a Knutsford 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?
Even though your last Knutsford conveyancing lawyer is not around you can check your lease to check if you are permitted to let out the apartment. The accepted inference is that if the lease is non-specific, subletting is permitted. There may be a precondition that you are obliged to seek permission via your landlord or other appropriate person prior to subletting. This means that you cannot sublet in the absence of prior permission. Such consent is not allowed to be unreasonably withheld. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.
I’m about to sell my basement apartment in Knutsford.Conveyancing is yet to be initiated but I have just had a quarterly maintenance charge invoice – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should pay 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 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 today plan to offer on a house that appears to meet my requirements, at a reasonable figure which is making it all the more appealing. I have just been informed that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in Knutsford. Conveyancing advisers have not yet been appointed. Will they explain the issues?
The majority of houses in Knutsford are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Knutsford so you should seriously consider shopping around for a Knutsford conveyancing practitioner and be sure that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’spermission to conduct alterations. It may be necessary to pay a contribution towards the maintenance of the communal areas where the house is located on an estate. Your solicitor will appraise you on the various issues.
All being well we will complete the disposal of our £375000 garden flat in Knutsford on Wednesday in a week. The landlords agents has quoted £300 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Knutsford?
Knutsford conveyancing on leasehold apartments normally requires the buyer’s lawyer sending questions for the landlord to answer. Although the landlord is not legally bound to address these enquiries most will be content to assist. They may charge a reasonable administration fee for answering enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it exceeds £800. The management information fee required by the landlord must be sent together with a summary of entitlements and obligations in respect of administration fees, otherwise the invoice is not strictly payable. Reality however dictates that you have no option but to pay whatever is requested of you should you wish to complete the sale of your home.
Knutsford Leasehold Conveyancing - A selection of Questions you should consider before buying
Is there a share of the freehold?
Does the lease contain onerous restrictions?
Many Knutsford leasehold apartments will have a service charge for maintenance of the block set by the landlord. Where you buy the property you will have to meet this liability, normally quarterly throughout the year. This can be anything from a few hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a ground rent to be met yearly, this is usually not a exorbitant sum, say about £25-£75 but you need to enquire as occasionally it could be many hundreds of pounds.