Helen (my wife) and I may need to let out our Macclesfield garden flat for a while due to taking a sabbatical. We used a Macclesfield conveyancing practice in 2003 but they have closed and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

Some leases for properties in Macclesfield 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 review 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 consent.

There are only 68 years left on my flat in Macclesfield. I need to extend my lease but my landlord is missing. What options are available to me?

On the basis that you meet the appropriate requirements, 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 mean that your lease can be lengthened by the Court. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to locate the landlord. In some cases a specialist may be helpful to try and locate and to produce an expert document to be used as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to proving the landlord’s disappearance and the vesting order request to the County Court covering Macclesfield.

Looking forward to exchange soon on a garden flat in Macclesfield. Conveyancing lawyers have said that they will have a report out to me next week. Are there areas in the report that I should be focusing on?

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

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
• The physical extent of the property. This will be the apartment itself but could also incorporate a loft or basement if applicable.
• Defining your legal entitlements in relation to common areas in the building.For instance, does the lease contain a right of way over a path or hallways?
• Whether your lease has a provision for a sinking fund?
• You should have a good understanding of the insurance provisions
• Changes to the flat (alterations and additions)
• What options are open to you if a neighbour is in violation of a provision in their lease?

I have just started marketing my basement flat in Macclesfield.Conveyancing solicitors are to be appointed soon but I have just had a yearly maintenance charge demand – should I leave it to the buyer to sort out?

The sensible thing to do is clear the invoice 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 until 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. This will smooth the conveyancing process.

I am tempted by the attractive purchase price for a two apartments in Macclesfield both have about 50 years unexpired on the leases. Will this present a problem?

There is no doubt about it. A leasehold flat in Macclesfield is a wasting asset as a result of the shortening lease. The nearer the lease gets to its expiry date, the more it reduces the value of the property. The majority of purchasers and lenders, leases with less than 75 years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Macclesfield conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Macclesfield Leasehold Conveyancing - A selection of Queries Prior to buying

Best to be warned if changing the roof or some other significant cost is due shortly that will be shared between the leasehold owners and will dramatically impact the level of the maintenance fees or require a one time payment. Many Macclesfield leasehold properties will be liable to pay a service charge for the upkeep of the block set on behalf of the landlord. Where you buy the property you will have to meet this contribution, normally periodically during the year. This can differ from a few hundred pounds to thousands of pounds for large purpose-built blocks. In all likelihood there will be a ground rent for you to pay annual, normally this is not a significant sum, say around £25-£75 but you need to check as on occasion it could be many hundreds of pounds.