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

Some leases for properties in Ramsbottom do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I have just appointed agents to market my 2 bed apartment in Ramsbottom.Conveyancing lawyers have not yet been instructed but I have just had a yearly maintenance charge demand – what should I do?

Your conveyancing lawyer is likely to suggest that you should 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 management companies will not acknowledge the buyer until 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 am employed by a long established estate agent office in Ramsbottom where we have witnessed a few flat sales put at risk due to short leases. I have received conflicting advice from local Ramsbottom conveyancing firms. Can you confirm whether the seller of a flat can instigate the lease extension process for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start 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 wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.

An alternative approach is 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 buyer.

Do you have any advice for leasehold conveyancing in Ramsbottom with the intention of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Ramsbottom can be reduced where you instruct lawyers the minute you market your property and request that they start to collate the leasehold information which will be required by the buyers solicitors.
• If you have carried out any alterations to the premises would they have required Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Ramsbottom state that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord approving such alterations. Where you fail to have the paperwork in place do not communicate with the landlord without contacting your lawyer in advance.

Are there common deficiencies that you come across in leases for Ramsbottom properties?

There is nothing unique about leasehold conveyancing in Ramsbottom. All leases are individual and legal mistakes in the legal wording can result in certain sections are erroneous. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the premises
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, Skipton Building Society, and Barclays Direct all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, obliging the buyer to withdraw.

I own a 2 bed flat in Ramsbottom, conveyancing having been completed half a dozen years ago. Can you work out an approximate cost of a lease extension? Similar flats in Ramsbottom with an extended lease are worth £215,000. The ground rent is £60 charged once a year. The lease terminates on 21st October 2084

With 59 years remaining on your lease we estimate the premium for your lease extension to range between £24,700 and £28,600 as well as costs.

The figure that we have given is a general guide to costs for renewing a lease, but we are not able to supply the actual costs without more detailed due diligence. You should not use this information in tribunal or court proceedings. There may be additional concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Please do not move forward based on this information before seeking the advice of a professional.

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Lease Extensions in Ramsbottom