Fixed-fee leasehold conveyancing in Swinton:

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Frequently asked questions relating to Swinton leasehold conveyancing

I am on look out for some leasehold conveyancing in Swinton. Before I get started I want to be sure as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and almost all are in Swinton - then the leasehold title will always include the short particulars 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.

My fiance and I may need to let out our Swinton 1st floor flat temporarily due to taking a sabbatical. We instructed a Swinton conveyancing firm in 2003 but they have closed and we did not have the foresight to get any guidance as to whether the lease permits subletting. How do we find out?

A small minority of properties in Swinton do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to review 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 consent.

Estate agents have just been given the go-ahead to market my 2 bed apartment in Swinton.Conveyancing solicitors are to be appointed soon but I have just received a yearly service charge demand – should I leave it to the buyer to sort out?

It best that you 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. Having a clear account will assist your cause and will leave you no worse off financially.

I am tempted by the attractive purchase price for a couple of flats in Swinton which have in the region of forty five years remaining on the lease term. Will this present a problem?

There are plenty of short leases in Swinton. The lease is a legal document that entitles you to use the property for a period of time. As a lease shortens the value of the lease decreases and results in it becoming more expensive to acquire a lease extension. For this reason it is advisable to extend the lease term. It is often difficult to sell a property with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease extension can be a protracted process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this area

Do you have any top tips for leasehold conveyancing in Swinton from the perspective of expediting the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Swinton can be reduced where you instruct lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation needed by the purchasers’ conveyancers.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Swinton leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence from the Landlord approving such alterations. Should you dont have the consents to hand you should not communicate with the landlord without contacting your lawyer first.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be concerned about purchasing a flat where a dispute is unresolved. You will have to accept that you will have to pay any arrears of service charge or resolve 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 will still have to reveal details of the dispute to the buyers, but it is better to present the dispute as over rather than unresolved.
  • If you hold a share in a the Management Company, you should ensure that you have the original share document. Organising a new share certificate is often a lengthy process and slows down many a Swinton home move. If a duplicate share certificate is required, do contact the company officers or managing agents (if applicable) for this as soon as possible.
  • You believe that you know the number of years remaining on your lease but it would be advisable double-check via your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to where the lease term is under 80 years. In the circumstances it is important at an early stage that you consider whether the lease requires a lease extension. 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 ask Prior to buying

      Many Swinton leasehold flats will incur a service charge for the upkeep of the block set on behalf of the freeholder. Where you purchase the flat you will have to meet this contribution, usually quarterly throughout the year. This can vary from a few hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all likelihood there will be a ground rent for you to pay annual, this is usually not a large sum, say around £25-£75 but you need to check as sometimes it could be many hundreds of pounds. Best to be warned whether redecorating or some other significant cost is due shortly to be shared between the tenants and will materially impact the level of the service charges or necessitate a specific invoice. This question is useful as a) areas may result in problems for the block as the communal areas may start to deteriorate if services remain unpaid b) if the leasehold owners have an issue with the running of the building you will need to know about it

    Other Topics

    Lease Extensions in Swinton