Fixed-fee leasehold conveyancing in Middlewich:

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Examples of recent questions relating to leasehold conveyancing in Middlewich

I am intending to let out my leasehold flat in Middlewich. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Notwithstanding that your last Middlewich conveyancing solicitor is not available you can review your lease to see if you are permitted to let out the apartment. The rule is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you need to obtain permission via your landlord or some other party prior to subletting. This means you not allowed to sublet in the absence of first obtaining consent. Such consent should not be unreasonably refused ore delayed. If your lease prohibits you from subletting the property you should ask your landlord for their consent.

Looking forward to complete next month on a ground floor flat in Middlewich. Conveyancing lawyers have said that they will have a report out to me within the next couple of days. What should I be looking out for?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Defining your rights in respect of the communal areas in the block.For example, does the lease permit a right of way over a path or hallways?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • You should have a good understanding of the insurance provisions
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • What you can do if a neighbour is in violation of a provision in their lease? For a comprehensive list of information to be contained in your report on your leasehold property in Middlewich please ask your lawyer in ahead of your conveyancing in Middlewich

  • I am tempted by the attractive purchase price for a couple of maisonettes in Middlewich both have approximately fifty years remaining on the leases. Should I regard a short lease as a deal breaker?

    There are plenty of short leases in Middlewich. The lease is a right to use the property for a prescribed time frame. As the lease gets shorter the saleability of the lease deteriorate and it becomes more costly to acquire a lease extension. This is why it is advisable to extend the lease term. It is often difficult to sell a property with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We recommend you get professional help from a solicitor and surveyor with experience in this arena

    I work for a busy estate agency in Middlewich where we see a few leasehold sales jeopardised as a result of short leases. I have received contradictory information from local Middlewich conveyancing firms. Can you confirm whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?

    As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.

    An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

    What makes a Middlewich lease defective?

    Leasehold conveyancing in Middlewich is not unique. All leases is drafted differently and legal mistakes in the legal wording can result in certain provisions are missing. For example, if your lease is missing any of the following, it could be defective:

    • 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.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Skipton Building Society, and Nottingham Building Society all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the buyer to withdraw.

    Middlewich Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing

      Plenty Middlewich leasehold properties will be liable to pay a service bill for the upkeep of the block invoiced by the freeholder. Where you buy the apartment you will have to meet this amount, normally quarterly during the year. This can be anything from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common areas. There will also be a rentcharge to be met annual, this is usually not a significant figure, say around £25-£75 but you need to enquire as sometimes it could be prohibitively expensive. The answer will be important as a) areas can cause problems in the building as the communal areas may start to deteriorate where maintenance are not paid for b) if the leasehold owners have an issue with the managing agents you will want to have complete disclosure You will want to find out as much as possible about the managing agents as they can either make living at the property much easier or uncomfortable. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to every day issues such as the tidiness of the communal areas. Ask prospective neighbours what they think of their service. In conclusion, be sure you understand the dates that the service fees are due to the relevant party and precisely what you get for your money.

    Other Topics

    Lease Extensions in Middlewich