I wish to sublet my leasehold apartment in Oldham. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Your lease governs the relationship between the landlord and you the flat owner; in particular, it will indicate if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Oldham do not prevent strict prohibition on subletting – such a provision would undoubtedly devalue the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

There are only Seventy years remaining on my flat in Oldham. I now wish to extend my lease but my freeholder is absent. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to prove that you have done all that could be expected to find the lessor. On the whole a specialist would be helpful to carry out a search and to produce a report to be used as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer both on proving the landlord’s absence and the vesting order request to the County Court overseeing Oldham.

Planning to exchange soon on a basement flat in Oldham. Conveyancing lawyers inform me that they will have a report out to me next week. What should I be looking out for?

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

• The physical extent of the property. This will be the apartment itself but might include a loft or cellar if appropriate.

Estate agents have just been given the go-ahead to market my ground floor apartment in Oldham.Conveyancing has not commenced but I have just received a yearly maintenance charge invoice – Do I pay up?

The sensible thing to do is clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

In relation to leasehold conveyancing in Oldham what are the most frequent lease defects?

There is nothing unique about leasehold conveyancing in Oldham. All leases are unique and drafting errors can sometimes mean that certain provisions are wrong. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the property
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Norwich and Peterborough Building Society, and Barclays Direct all have very detailed conveyancing instructions 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 purchaser to withdraw.

Leasehold Conveyancing in Oldham - Sample of Questions you should consider before Purchasing

Best to be warned if changing the roof or some other significant cost is due shortly to be shared by the leasehold owners and will materially impact the level of the service fees or result in a specific invoice. For most Oldham leaseholds the cost for major works are not included within service charges, albeit that a few managing agents in Oldham obliged tenants to pay into a sinking fund created for the specific purpose of building a fund for larger repairs or maintenance. How is the lease structured?

Other Topics

Lease Extensions in Oldham