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When it comes to leasehold conveyancing in Leigh, you will need to chose a conveyancing solicitor with leasehold experience. Whether your lender is to be Clydesdale , Birmingham Midshires or NatWest make sure you find a lawyer on their approved list. Feel free to use our search tool

Recently asked questions relating to Leigh leasehold conveyancing

I wish to rent out my leasehold apartment in Leigh. 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 Leigh 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.

I have recently realised that I have 72 years left on my lease in Leigh. I now want to extend my lease but my freeholder is can not be found. What options are available to me?

If you qualify, 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 enable the lease to be lengthened by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to locate the landlord. For most situations a specialist would be helpful to carry out a search and prepare an expert document which can be used as proof that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Leigh.

Looking forward to exchange soon on a studio apartment in Leigh. Conveyancing lawyers have said 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 Leigh should include some of the following:

  • Defining your rights in relation to the communal areas in the building.For example, does the lease include a right of way over an accessway or staircase?
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Whether the lease restricts you from letting out the property, or working from home
  • You should be told what counts as a Nuisance in the lease
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Leigh please ask your conveyancer in advance of your conveyancing in Leigh

    • Back In 2005, I bought a leasehold house in Leigh. Conveyancing and Yorkshire Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Leigh who acted for me is not around.What should I do?

    First contact the Land Registry to be sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Leigh conveyancing lawyer to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    What makes a Leigh lease defective?

    Leasehold conveyancing in Leigh is not unique. Most leases is drafted differently and drafting errors can result in certain sections are wrong. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain elements of the premises
    • Insurance obligations
    • 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 encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Norwich and Peterborough Building Society, and Bank of Ireland all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the purchaser to withdraw.

    Leigh Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to Purchasing

      It is important to be aware if redecorating or some other major work is due shortly to be shared between the leaseholders and will materially increase the the maintenance charges or result in a specific invoice. Make sure you find out if the the lease contains any unreasonable restrictions in the lease. For instance it is very common in Leigh leases that pets are not allowed in in a block in Leigh. If you like the apartmentin Leigh yet your cat is not allowed to move with you then you will be presented with a hard determination. Generally speaking the cost for major works tend not to be built into the maintenance charges, although a few managing agents in Leigh require leaseholders to contribute towards a reserve fund created for the specific purpose of building a fund for major works.

    Other Topics

    Lease Extensions in Leigh