Frank (my husband) and I may need to rent out our Macclesfield basement flat temporarily due to a new job. We instructed a Macclesfield conveyancing firm in 2003 but they have since shut and we did not have the foresight to seek any advice 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 refuse 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.

I today plan to offer on a house that seems to be perfect, at a great price which is making it all the more appealing. I have subsequently discovered that the title is leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in Macclesfield. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Macclesfield ?

The majority of houses in Macclesfield are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Macclesfield so you should seriously consider shopping around for a Macclesfield conveyancing practitioner and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’spermission to carry out changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the house is part of an estate. Your lawyer will report to you on the legal implications.

I've recently bought a leasehold house in Macclesfield. Do I have any liability for service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

What are your top tips when it comes to choosing a Macclesfield conveyancing firm to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Macclesfield conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with several firms including non Macclesfield conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• How many lease extensions have they completed in Macclesfield in the last 12 months?

Can you provide any top tips for leasehold conveyancing in Macclesfield from the perspective of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Macclesfield can be bypassed where you appoint lawyers as soon as you market your property and request that they start to put together the leasehold documentation which will be required by the buyers lawyers.
• If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you installed wooden flooring? Macclesfield leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord approving such alterations. Where you dont have the paperwork to hand you should not communicate with the landlord without contacting your lawyer first.

I purchased a basement flat in Macclesfield, conveyancing having been completed half a dozen years ago. Can you work out an approximate cost of a lease extension? Similar properties in Macclesfield with over 90 years remaining are worth £200,000. The ground rent is £45 invoiced annually. The lease terminates on 21st October 2104

With 79 years remaining on your lease we estimate the price of your lease extension to be between £10,500 and £12,000 plus costs.

The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of detailed investigations. You should not use this information in tribunal or court proceedings. There are no doubt other issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action based on this information before seeking the advice of a professional.

Other Topics

Lease Extensions in Macclesfield