My partner and I may need to rent out our Nantwich ground floor flat temporarily due to taking a sabbatical. We instructed a Nantwich conveyancing firm in 2002 but they have closed and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?

The lease dictates the relationship between the freeholder and you the flat owner; specifically, it will say if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Nantwich do not prevent subletting altogether – such a provision would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

Planning to sign contracts shortly on a leasehold property in Nantwich. Conveyancing lawyers inform me 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 Nantwich should include some of the following:

• You should be sent a copy of the lease

The unexpired lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years

Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord

Repair and maintenance of the flat

Changes to the flat (alterations and additions)

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 premises and do you know what it means in practice? For details of the information to be included in your report on your leasehold property in Nantwich please ask your lawyer in ahead of your conveyancing in Nantwich

What advice can you give us when it comes to appointing a Nantwich conveyancing practice to carry out our lease extension conveyancing?

When appointing a conveyancer for your lease extension (regardless if they are a Nantwich conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Nantwich conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

• Can they put you in touch with client in Nantwich who can give a testimonial?

What are the charges for lease extension work?

Do you have any advice for leasehold conveyancing in Nantwich with the intention of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Nantwich can be reduced where you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information needed by the buyers solicitors.
• In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Nantwich leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence from the Landlord approving such works. Should you fail to have the approvals in place you should not communicate with the landlord without contacting your lawyer in advance.

A minority of Nantwich leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual 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 have had conflict with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The buyers and their solicitors will be warry about purchasing a property where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is clearly preferable to present the dispute as historic as opposed to unresolved.

If you are supposed to have a share in the Management Company, you should make sure that you hold the original share document. Obtaining a new share certificate is often a lengthy process and frustrates many a Nantwich home move. If a duplicate share certificate is required, you should approach the company officers or managing agents (if applicable) for this sooner rather than later.

All being well we will complete the disposal of our £275000 apartment in Nantwich next Tuesday . The landlords agents has quoted £372 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Nantwich?

For most leasehold sales in Nantwich conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing pre-contract enquiries
• Where consent is required before sale in Nantwich
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Nantwich leasehold property is £350. For Nantwich conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to provide the information.

Nantwich Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

Is the freehold reversion owned collectively by the leaseholders? Does the lease have in excess of 82 years left? You should be aware if it is less than 80 years it will affect the value of the apartment. It is worth checking with your mortgage company that they are willing to lend given the lease term. A short lease means that you will most likely require a lease extension at some point and you need to have some idea of what this would cost. Remember, in most cases you will be required to have owned the property for two years in order to be eligible to exercise a lease extension.

Other Topics

Lease Extensions in Nantwich