Fixed-fee leasehold conveyancing in Stretford:

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Recently asked questions relating to Stretford leasehold conveyancing

I would like to rent out my leasehold flat in Stretford. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Some leases for properties in Stretford do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience dictates 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.

Planning to complete next month on a basement flat in Stretford. Conveyancing lawyers have said that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Stretford should include some of the following:

  • Whether the lease restricts you from letting out the property, or having a home office for business
  • Whether your lease has a provision for a reserve fund?
  • Repair and maintenance of the flat
  • Changes to the flat (alterations and additions)
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • Responsibility for repairing the window frames For details of the information to be included in your report on your leasehold property in Stretford please enquire of your conveyancer in ahead of your conveyancing in Stretford

    • I am employed by a busy estate agent office in Stretford where we see a few flat sales derailed due to leases having less than 80 years remaining. I have received inconsistent advice from local Stretford conveyancing firms. Could you shed some light as to whether the owner of a flat can start the lease extension process for the buyer?

    As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 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 disposal of the property.

    Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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.

    What are your top tips when it comes to choosing a Stretford conveyancing practice to carry out our lease extension conveyancing?

    When appointing a solicitor for lease extension works (regardless if they are a Stretford conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Stretford conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:

    • How familiar is the practice with lease extension legislation?
  • Can they put you in touch with client in Stretford who can give a testimonial?

    • Do you have any advice for leasehold conveyancing in Stretford with the intention of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Stretford can be reduced if you get in touch lawyers as soon as you market your property and ask them to put together the leasehold documentation needed by the purchasers’ representatives.
    • If you have carried out any alterations to the premises would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Stretford leases often stipulate that internal structural changes or laying down wooden flooring require a licence from the Landlord consenting to such changes. Should you dont have the approvals to hand you should not communicate with the landlord without contacting your lawyer in advance.
  • If there is a history of any disputes with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a property where there is a current dispute. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to 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 clearly preferable to reveal the dispute as over as opposed to ongoing.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you are holding the original share certificate. Arranging a duplicate share certificate can be a lengthy process and delays many a Stretford conveyancing transaction. Where a duplicate share certificate is required, you should approach the company officers or managing agents (if relevant) for this sooner rather than later.
  • You may think that you are aware of the number of years left on your lease but it would be wise to double-check via your solicitors. A buyer’s lawyer will not be happy to advise their client to where the lease term is under 75 years. In the circumstances it is important at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • I am the registered owner of a garden flat in Stretford, conveyancing having been completed half a dozen years ago. Can you please calculate a probable premium for a statutory lease extension? Similar properties in Stretford with an extended lease are worth £189,000. The average or mid-range amount of ground rent is £45 yearly. The lease expires on 21st October 2078

    With only 57 years left to run we estimate the premium for your lease extension to range between £28,500 and £33,000 plus legals.

    The figure above a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. You should not move forward based on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in Stretford