Fixed-fee leasehold conveyancing in Prestbury:

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While any conveyancing solicitor can theoretically handle your leasehold conveyancing in Prestbury, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Questions and Answers: Prestbury leasehold conveyancing

My partner and I may need to sub-let our Prestbury 1st floor flat temporarily due to a new job. We used a Prestbury conveyancing firm in 2004 but they have since shut and we did not think at the time get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your last Prestbury conveyancing lawyer is not around you can check your lease to see if it allows you to sublet the apartment. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you are obliged to obtain permission via your landlord or some other party before subletting. The net result is that you cannot sublet without prior consent. Such consent should not be unreasonably refused ore delayed. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

I have recently realised that I have 72 years unexpired on my lease in Prestbury. I am keen to get lease extension but my freeholder is absent. What are my options?

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 enable the lease to be lengthened by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to find the lessor. In some cases an enquiry agent would be useful to conduct investigations and prepare a report which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Prestbury.

I am hoping to exchange soon on a garden flat in Prestbury. Conveyancing lawyers have said that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?

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

  • You should be sent a copy of the lease
  • You should be told what counts as a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • Responsibility for repairing the window frames For a comprehensive list of information to be included in your report on your leasehold property in Prestbury please enquire of your conveyancer in advance of your conveyancing in Prestbury

    • I have just started marketing my ground floor apartment in Prestbury.Conveyancing has not commenced but I have just received a quarterly maintenance charge invoice – should I leave it to the buyer to sort out?

    The sensible thing to do is clear the service charge 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 management companies 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.

    I've found a house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have just been informed that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Prestbury. Conveyancing solicitors have are soon to be appointed. Will they explain the issues?

    The majority of houses in Prestbury are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are buying in Prestbury so you should seriously consider looking for a Prestbury conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’spermission to carry out changes to the property. You may also be required to pay a service charge towards the upkeep of the estate where the house is located on an estate. Your lawyer should report to you on the legal implications.

    Prestbury Leasehold Conveyancing - Examples of Questions you should consider before buying

      Who manages the block? Are there any major works on the horizon that will add a premium to the maintenance costs? Be sure to enquire if the the lease contains any unreasonable restrictions in the lease. For example plenty of leases prohibit pets being permitted in certain buildings in Prestbury. If you love the apartmentin Prestbury yet your dog is not allowed to make the move with you then you have a very hard choice.

    Other Topics

    Lease Extensions in Prestbury