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Ramsbottom leasehold conveyancing: Q and A’s

I am intending to let out my leasehold apartment in Ramsbottom. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Notwithstanding that your previous Ramsbottom conveyancing lawyer is not around you can check your lease to see if you are permitted to let out the apartment. The rule is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you are obliged to seek consent via your landlord or other appropriate person before subletting. This means that you cannot sublet without first obtaining permission. Such consent must not not be unreasonably withheld. 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 just appointed agents to market my garden flat in Ramsbottom.Conveyancing is yet to be initiated but I have just received a half-yearly maintenance charge invoice – should I leave it to the buyer to sort out?

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 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 today plan to offer on a house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have subsequently been informed that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Ramsbottom. Conveyancing lawyers have are soon to be appointed. Will my lawyers set out the risks of buying a leasehold house in Ramsbottom ?

The majority of houses in Ramsbottom 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. It is clear that you are buying in Ramsbottom so you should seriously consider shopping around for a Ramsbottom conveyancing practitioner and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’sconsent to carry out alterations. It may be necessary to pay a service charge towards the upkeep of the estate where the house is part of an estate. Your solicitor will appraise you on the various issues.

I own a leasehold flat in Ramsbottom. Conveyancing and Britannia mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Ramsbottom who previously acted has long since retired.What should I do?

The first thing you should do is make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Ramsbottom conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Can you provide any advice for leasehold conveyancing in Ramsbottom with the purpose of speeding up the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Ramsbottom can be avoided if you appoint lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation needed by the buyers lawyers.
  • Many freeholders or managing agents in Ramsbottom charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Ramsbottom.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Most leases in Ramsbottom state that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord approving such changes. Where you fail to have the approvals in place you should not communicate with the landlord without contacting your lawyer before hand.
  • Some Ramsbottom leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • You believe that you know the number of years left on your lease but it would be wise to verify this by asking your solicitors. A purchaser's conveyancer will not be happy to advise their client to where the remaining number of years is below 75 years. It is therefore important at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Leasehold Conveyancing in Ramsbottom - A selection of Queries before Purchasing

      On the whole the cost for major works are not included within service charges, albeit that a few managing agents in Ramsbottom require tenants to pay into a sinking fund created for the specific purpose of building a fund for major repairs or maintenance. You will want to discover as much as possible regarding the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents from a financial perspective and when it comes to every day matters like the cleanliness of the common parts. Ask other tenants what they think of their management. On a final note, investigate as to the dates that you are obliged pay the maintenance charge to the managing agents and precisely what you get for your money. How much is the ground rent and service charge?

    Other Topics

    Lease Extensions in Ramsbottom