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Common questions relating to Lymm leasehold conveyancing

I am on look out for some leasehold conveyancing in Lymm. Before I set the wheels in motion I would like to find out the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and 99.9% are in Lymm - 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.

My husband and I may need to let out our Lymm 1st floor flat for a while due to a career opportunity. We used a Lymm conveyancing practice in 2003 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

Some leases for properties in Lymm do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold 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.

Can you provide any advice for leasehold conveyancing in Lymm with the intention of speeding up the sale process?

  • Much of the delay in leasehold conveyancing in Lymm can be bypassed where you instruct lawyers as soon as you market your property and request that they start to collate the leasehold information which will be required by the purchasers’ conveyancers.
  • The majority landlords or managing agents in Lymm charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Lymm.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Lymm leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord approving such changes. Should you dont have the approvals in place you should not contact the landlord without contacting your conveyancer in the first instance.
  • A minority of Lymm leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If you are supposed to have a share in the Management Company, you should make sure that you have the original share certificate. Organising a re-issued share certificate can be a time consuming formality and slows down many a Lymm conveyancing transaction. If a duplicate share is needed, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.

    • We expect to complete the sale of our £175000 garden flat in Lymm next Monday . The freeholder has quoted £312 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Lymm?

    Lymm conveyancing on leasehold maisonettes usually involves the purchaser’s solicitor submitting enquiries for the landlord to address. Although the landlord is under no legal obligation to respond to these enquiries the majority will be willing to do so. They may charge a reasonable administration fee for answering enquiries or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is £350, in some transactions it exceeds £800. The administration charge levied by the landlord must be accompanied by a summary of rights and obligations in relation to administration charges, without which the charge is not strictly payable. Reality however dictates that you have little option but to pay whatever is requested of you should you wish to exchange contracts with the buyer.

    What are the frequently found problems that you encounter in leases for Lymm properties?

    Leasehold conveyancing in Lymm is not unique. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain provisions are erroneous. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain parts of the building
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You may encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , Virgin Money, and Clydesdale all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, obliging the buyer to pull out.

    Lymm Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to Purchasing

      Can you tell me if there are any major works anticipated that could increase the service fees? Are any of leasehold owners in arrears of their service charge payments? The answer will be important as a) areas could cause problems in the building as the common areas may start to deteriorate if services remain unpaid b) if the leasehold owners have a dispute with the managing agents you will need to have full disclosure

    Other Topics

    Lease Extensions in Lymm