Having had my offer accepted I require leasehold conveyancing in Runcorn. Before diving in I require certainty as to the remaining lease term.

Assuming the lease is registered - and most are in Runcorn - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I wish to rent out my leasehold apartment in Runcorn. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Notwithstanding that your last Runcorn conveyancing solicitor is no longer available you can review your lease to check if you are permitted to let out the premises. The accepted inference is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you need to obtain permission via your landlord or some other party before subletting. This means that you cannot sublet in the absence of prior permission. Such consent is not allowed to be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

Can you provide any top tips for leasehold conveyancing in Runcorn with the aim of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Runcorn can be bypassed where you get in touch lawyers the minute you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ solicitors.
• Many landlords or managing agents in Runcorn charge for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Runcorn.

If you have carried out any alterations to the premises would they have required Landlord’s consent? In particular have you installed wooden flooring? Most leases in Runcorn state that internal structural changes or installing wooden flooring require a licence issued by the Landlord consenting to such alterations. Where you dont have the approvals in place you should not communicate with the landlord without checking with your lawyer first.

If you have the benefit of shareholding in the freehold, you should ensure that you have the original share certificate. Arranging a new share certificate is often a lengthy process and slows down many a Runcorn conveyancing transaction. Where a new share is needed, do contact the company officers or managing agents (where relevant) for this sooner rather than later.

You believe that you know the number of years left on your lease but it would be advisable double-check by asking your lawyers. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is below 80 years. It is therefore important at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £475000 garden flat in Runcorn on Monday in a week. The freeholder has quoted £396 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in Runcorn?

Runcorn conveyancing on leasehold maisonettes usually involves administration charges levied by managing agents :

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

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Runcorn leasehold premises is £350. For Runcorn 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 obliged to provide answers.

What makes a Runcorn lease unmortgageable?

Leasehold conveyancing in Runcorn is not unique. All leases is drafted differently and legal mistakes in the legal wording can result in certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain parts of the property
• 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

You could have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, The Mortgage Works, and Aldermore all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the buyer to pull out.

Runcorn Leasehold Conveyancing - Sample of Questions you should consider Prior to buying

Many Runcorn leasehold apartments will have a service charge for the upkeep of the building set by the management company. If you purchase the apartment you will have to pay this amount, usually in instalments during the year. This can differ from a couple of hundred pounds to thousands of pounds for blocks with lifts and large communal areas. There will also be a ground rent to be met annual, this is usually not a exorbitant sum, say approximately £25-£75 but you should to enquire as sometimes it could be many hundreds of pounds. The best form of lease arrangement is a share of the freehold. In this scenario the tenants enjoy control and although a managing agent is usually retained if it is larger than a house conversion, the managing agent acts for the leaseholders themselves. Does the lease have onerous restrictions?

Other Topics

Lease Extensions in Runcorn