Leasehold Conveyancing in Macclesfield - Get a Quote from the leasehold experts approved by your lender

Get a Quote

Looking for a solicitor for leasehold conveyancing in Macclesfield on your lender’s panel? Make use of our search tool to find approved local Macclesfield conveyancing lawyers or national solicitors on your lender’s panel .

Questions and Answers: Macclesfield leasehold conveyancing

My partner and I may need to rent out our Macclesfield 1st floor flat temporarily due to taking a sabbatical. We instructed a Macclesfield conveyancing practice in 2001 but they have since shut and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your previous Macclesfield conveyancing lawyer is no longer around you can review your lease to check if it allows you to sublet the property. The rule is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you are obliged to obtain permission via your landlord or some other party before subletting. This means you not allowed to sublet without prior consent. The consent should not be unreasonably withheld. If your lease prohibits you from letting out the property you should ask your landlord for their consent.

I am hoping to exchange soon on a basement flat in Macclesfield. Conveyancing lawyers have said that they are sending me a report within the next couple of days. What should I be looking out for?

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

  • You should receive a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • The physical extent of the property. This will be the apartment itself but may include a loft or basement if appropriate.
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • Changes to the flat (alterations and additions)
  • What you can do if a neighbour breach a clause of their lease? For a comprehensive list of information to be contained in your report on your leasehold property in Macclesfield please enquire of your lawyer in ahead of your conveyancing in Macclesfield

    • Back In 2004, I bought a leasehold house in Macclesfield. Conveyancing and Yorkshire Building Society mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Macclesfield who previously acted has long since retired.Do I pay?

    The first thing you should do is make enquiries of HMLR to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Macclesfield conveyancing solicitor to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

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

    When appointing a solicitor for lease extension works (regardless if they are a Macclesfield conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Macclesfield conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

    • How familiar is the firm with lease extension legislation?
  • What are the costs for lease extension conveyancing?

    • When it comes to leasehold conveyancing in Macclesfield what are the most common lease defects?

    Leasehold conveyancing in Macclesfield is not unique. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain elements of the premises
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You could have 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 , Virgin Money, and TSB all have very detailed 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 grant the mortgage, obliging the purchaser to pull out.

    Macclesfield Conveyancing for Leasehold Flats - Sample of Questions you should consider before buying

      It is important to be aware whether a new roof is being installed or some other significant cost is due in the near future that will be shared amongst the leaseholders and may well dramatically impact the level of the maintenance charges or require a specific payment. Please note that where the lease has fewer than 80 years it will have adverse implications on the salability of the property. It is worth checking with your lender that they are happy with the length of the lease. Leases with less than 80 years remaining means that you will probably have to extend the lease sooner rather than later and it is worth finding out how much this will be. Remember, in most cases you would be required to have been the owner of the premises for two years in order to be entitled to exercise a lease extension. How much is the yearly service fee and ground rent?

    Other Topics

    Lease Extensions in Macclesfield