I want to sublet 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 last Ramsbottom conveyancing lawyer is not available you can check your lease to see if it allows you to sublet the property. The accepted inference is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain consent from your landlord or some other party prior to subletting. The net result is you not allowed to sublet without first obtaining consent. The consent is not allowed to be unreasonably refused ore delayed. If your lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.

Estate agents have just been given the go-ahead to market my basement apartment in Ramsbottom.Conveyancing lawyers have not yet been instructed but I have just received a quarterly maintenance charge invoice – Do I pay up?

The sensible thing to do is pay 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 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.

I've found a house that seems to be perfect, at a reasonable price which is making it more attractive. I have since found out that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns buying a leasehold house in Ramsbottom. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?

The majority of houses in Ramsbottom are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are buying in Ramsbottom in which case you should be looking for a Ramsbottom conveyancing practitioner and be sure that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’sconsent to conduct alterations. It may be necessary to pay a service charge towards the upkeep of the communal areas where the house is part of an estate. Your conveyancer will report to you on the legal implications.

Can you provide any advice for leasehold conveyancing in Ramsbottom from the perspective of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Ramsbottom can be bypassed if you get in touch lawyers the minute your agents start marketing the property and request that they start to collate the leasehold documentation needed by the purchasers’ representatives.
• The majority freeholders or managing agents in Ramsbottom charge 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 as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Ramsbottom.

In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Ramsbottom state that internal structural changes or installing wooden flooring require a licence from the Landlord consenting to such changes. If you dont have the approvals to hand you should not communicate with the landlord without contacting your conveyancer before hand.

If you have had conflict with your landlord or managing agents it is essential that these are settled before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to reveal the dispute as historic as opposed to unresolved.

If you have the benefit of shareholding in the Management Company, you should ensure that you have the original share document. Obtaining a re-issued share certificate can be a time consuming process and slows down many a Ramsbottom conveyancing deal. Where a reissued share certificate is necessary, you should approach the company officers or managing agents (where relevant) for this as soon as possible.

All being well we will complete the sale of our £425000 flat in Ramsbottom in just under a week. The managing agents has quoted £408 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Ramsbottom?

Ramsbottom conveyancing on leasehold maisonettes normally involves administration charges invoiced by landlords agents :

• Addressing pre-exchange enquiries
• Where consent is required before sale in Ramsbottom
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Ramsbottom leasehold premises is £350. For Ramsbottom conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to provide answers.

Ramsbottom Leasehold Conveyancing - Sample of Queries Prior to Purchasing

What is the name of the managing agents? It would be a good idea to investigate if the the lease contains any adverse restrictions in the lease. For example some leases prohibit pets being allowed in in a block in Ramsbottom. If you love the propertyin Ramsbottom however your dog can’t live with you then you will be presented with a hard decision. Is there a share of the freehold?

Other Topics

Lease Extensions in Ramsbottom