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

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When it comes to leasehold conveyancing in Nantwich, you will need to instruct a conveyancing practitioner with leasehold experience. Whether your lender is to be Halifax, Birmingham Midshires or Nationwide make sure you choose a lawyer on their panel. Find a Nantwich conveyancing lawyer with our search tool

Recently asked questions relating to Nantwich leasehold conveyancing

I would like to rent out my leasehold apartment in Nantwich. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Even though your last Nantwich conveyancing lawyer is no longer around you can review your lease to check if it allows you to sublet the apartment. The accepted inference is that if the deeds are silent, subletting is permitted. There may be a precondition that you are obliged to obtain consent from your landlord or some other party before subletting. This means you not allowed to sublet without prior consent. The consent should not be unreasonably refused ore delayed. If the lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a great price which is making it more attractive. I have just discovered that it's a leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Nantwich. Conveyancing lawyers have not yet been appointed. Will they explain the issues?

The majority of houses in Nantwich are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are buying in Nantwich so you should seriously consider looking for a Nantwich conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the landlord’spermission to conduct changes to the property. You may also be required to pay a service charge towards the maintenance of the estate where the property is part of an estate. Your conveyancer will report to you on the legal implications.

I am a negotiator for a long established estate agency in Nantwich where we see a number of leasehold sales put at risk as a result of short leases. I have been given inconsistent advice from local Nantwich conveyancing firms. Please can you confirm whether the owner of a flat can instigate the lease extension formalities for the buyer?

Provided that 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. This means that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder 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 purchaser.

Can you provide any advice for leasehold conveyancing in Nantwich from the perspective 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 you market your property and request that they start to collate the leasehold documentation which will be required by the buyers solicitors.
  • Many landlords or Management Companies in Nantwich levy fees for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Nantwich.
  • If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you laid down wooden flooring? Nantwich leases often stipulate that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord approving such alterations. If you fail to have the approvals to hand do not contact the landlord without contacting your conveyancer in the first instance.
  • A minority of Nantwich leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet the yearly 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 buyers or their lawyers.
  • If you are supposed to have a share in the freehold, you should make sure that you hold the original share document. Organising a replacement share certificate can be a lengthy process and delays many a Nantwich home move. If a reissued share certificate is needed, you should approach the company officers or managing agents (if applicable) for this sooner rather than later.

    • Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £400000 garden flat in Nantwich in just under a week. The management company has quoted £384 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Nantwich?

    Nantwich conveyancing on leasehold apartments more often than not necessitates the buyer’s lawyer sending questions for the landlord to address. Although the landlord is not legally bound to answer these enquiries most will be content to do so. They may invoice a reasonable administration fee for responding to questions or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some situations it exceeds £800. The administration charge invoiced by the landlord must be accompanied by a summary of rights and obligations in relation to administration charges, otherwise the charge is not strictly payable. In reality you have no choice but to pay whatever is requested of you if you want to sell the property.

    Leasehold Conveyancing in Nantwich - Examples of Queries Prior to buying

      Are there any major works in the planning that will likely increase the maintenance fees? The best form of lease arrangement is where the freehold title is in the ownership of the leaseholders. In this arrangement the leaseholders enjoy control and although a managing agent is frequently employed where the building is bigger than a house conversion, the managing agent is directed by the tenants. This question is important as a) areas can cause problems in the block as the communal areas may begin to deteriorate where services remain unpaid b) if the leasehold owners have a dispute with the running of the building you will need to have all the details

    Other Topics

    Lease Extensions in Nantwich