Common questions relating to Salford leasehold conveyancing
My wife and I may need to sub-let our Salford garden flat temporarily due to a new job. We instructed a Salford conveyancing practice in 2001 but they have since shut and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
Some leases for properties in Salford 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 review 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 permission.
I am hoping to put an offer on a small detached house that seems to be perfect, at a great price which is making it all the more appealing. I have just discovered that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a leasehold house in Salford. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Salford ?
The majority of houses in Salford are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Salford so you should seriously consider shopping around for a Salford 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 at liberty to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’sconsent to conduct changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is part of an estate. Your conveyancer should advise you fully on all the issues.
What advice can you give us when it comes to choosing a Salford conveyancing practice to deal with our lease extension?
If you are instructing a property lawyer for your lease extension (regardless if they are a Salford conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We suggested that you talk with two or three firms including non Salford conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:
- If they are not ALEP accredited then why not?
- Can they put you in touch with client in Salford who can give a testimonial?
Can you provide any top tips for leasehold conveyancing in Salford with the aim of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in Salford can be reduced if you get in touch lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold information which will be required by the buyers representatives.
- If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you installed wooden flooring? Salford leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence from the Landlord consenting to such alterations. If you fail to have the paperwork to hand do not communicate with the landlord without checking with your solicitor before hand.
- A minority of Salford leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 purchasers or their solicitors.
- If you have had conflict with your freeholder or managing agents it is essential that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be warry about purchasing a property where a dispute is unsettled. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is better to present the dispute as over rather than ongoing.
- If you are supposed to have a share in the Management Company, you should make sure that you have the original share document. Arranging a replacement share certificate is often a time consuming process and slows down many a Salford conveyancing deal. If a reissued share is required, do contact the company officers or managing agents (where relevant) for this sooner rather than later.
Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £ 450000 maisonette in Salford in 5 days. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Salford?
Salford conveyancing on leasehold flats normally necessitates the purchaser’s conveyancer submitting questions for the landlord to address. Although the landlord is under no legal obligation to respond to such questions the majority will be willing to do so. They may invoice a reasonable administration fee for answering questions or supplying documentation. There is no set fee. The average costs for the information that you are referring to is over three hundred pounds, in some cases it is above £800. The administration charge invoiced by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration charges, otherwise the charge is not strictly payable. In reality you have no option but to pay whatever is demanded if you want to sell the property.
I acquired a basement flat in Salford, conveyancing was carried out 2000. Can you give me give me an indication of the likely cost of a lease extension? Equivalent properties in Salford with a long lease are worth £215,000. The average or mid-range amount of ground rent is £50 levied per year. The lease runs out on 21st October 2080
With just 54 years remaining on your lease the likely cost is going to range between £29,500 and £34,000 plus plus your own and the landlord's "reasonable" professional fees.
The figure that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of comprehensive due diligence. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information before getting professional advice.