Helen (my wife) and I may need to let out our Swinton 1st floor flat temporarily due to taking a sabbatical. We instructed a Swinton conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your previous Swinton 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 deeds are non-specific, subletting is allowed. There may be a precondition that you need to seek consent via your landlord or other appropriate person prior to subletting. This means that you cannot sublet in the absence of first obtaining permission. Such consent should not be unreasonably withheld. 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.

Looking forward to complete next month on a ground floor flat in Swinton. Conveyancing lawyers inform me that they are sending me a report on Monday. What should I be looking out for?

The report on title for your leasehold conveyancing in Swinton should include some of the following:

• How long the lease is You should be advised as what happens when the lease ends, and informed of the importance of not letting the lease term falling below eighty years
• The total extent of the premises. This will be the property itself but may incorporate a roof space or basement if applicable.
• Whether the lease restricts you from subletting the property, or working from home
• Ground rent - how much and when you need to pay, and also know whether this will change in the future
• Repair and maintenance of the flat
• Changes to the flat (alterations and additions)
• What the implications are if you breach a clause of your lease?

I've found a house that appears to meet my requirements, at a reasonable figure which is making it all the more appealing. I have since discovered that the title is leasehold as opposed to freehold. I am assuming that there are issues purchasing a leasehold house in Swinton. Conveyancing solicitors have not yet been instructed. Will they explain the issues?

The majority of houses in Swinton 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 apparent that you are buying in Swinton in which case you should be shopping around for a Swinton conveyancing solicitor and check that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’spermission to carry out alterations. You may also be required to pay a contribution towards the upkeep of the estate where the property is located on an estate. Your solicitor will advise you fully on all the issues.

I am tempted by the attractive purchase price for a two maisonettes in Swinton which have in the region of 50 years left on the leases. should I be concerned?

A lease is a right to use the premises for a prescribed time frame. As a lease gets shorter the marketability of the lease decreases and it becomes more expensive to acquire a lease extension. For this reason it is generally wise to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on such properties. Lease extension can be a protracted process. We recommend you seek professional help from a solicitor and surveyor with experience in this arena

Do you have any advice for leasehold conveyancing in Swinton with the aim of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Swinton can be reduced where you appoint 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.
• The majority freeholders or managing agents in Swinton levy fees for supplying management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Swinton.
• If there is a history of any disputes with your landlord or managing agents it is essential that these are resolved before the property is marketed. The buyers and their solicitors will be concerned about purchasing a property where there is an ongoing 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 are still duty bound to disclose details 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 freehold, you should make sure that you are holding the original share certificate. Obtaining a new share certificate is often a time consuming formality and slows down many a Swinton home move. Where a reissued share certificate is required, do contact the company officers or managing agents (where applicable) for this as soon as possible.
• You believe that you know the number of years left on your lease but it would be wise to double-check by asking your conveyancers. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is less than 75 years. In the circumstances it is important at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

Swinton Conveyancing for Leasehold Flats - Sample of Questions you should consider before Purchasing

Make sure you enquire if there are any onerous restrictions in the lease. By way of example it is very common in Swinton leases that pets are not permitted in in a block in Swinton. If you like the propertyin Swinton however your dog can’t live with you then you have a very hard compromise. You should be aware if it is less than eighty years it will have adverse implications on the salability of the property. Check with your mortgage company that they are willing to to proceed given the lease term. A short lease means that you will almost definitely have to extend the lease at some point and you need to have some idea of how much this will be. Remember, in most cases you will need to own the residence for a couple of years before you are eligible to carry out a lease extension.