Experts for Leasehold Conveyancing in Tyldesley

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Whether you are buying or selling leasehold flat in Tyldesley, our panel of leasehold conveyancing experts will help you move with as little stress as possible. Find a Tyldesley conveyancing lawyer with our search tool

Sample questions relating to Tyldesley leasehold conveyancing

I only have 72 years unexpired on my lease in Tyldesley. I now wish to get lease extension but my landlord is absent. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have done all that could be expected to track down the freeholder. On the whole a specialist should be useful to try and locate and to produce an expert document which can be used as evidence that the landlord can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s absence and the application to the County Court covering Tyldesley.

I today plan to offer on a house that appears to meet my requirements, at a reasonable price which is making it all the more appealing. I have just been informed that it's a leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Tyldesley. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Tyldesley ?

Most houses in Tyldesley are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Tyldesley so you should seriously consider shopping around for a Tyldesley conveyancing solicitor and be sure that they are used to 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 with the house. The lease will likely included provisions such as obtaining the landlord’spermission to carry out alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your lawyer will appraise you on the various issues.

I've recently bought a leasehold house in Tyldesley. Am I liable to pay service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

What advice can you give us when it comes to choosing a Tyldesley conveyancing practice to deal with our lease extension?

If you are instructing a property lawyer for lease extension works (regardless if they are a Tyldesley conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Tyldesley conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

  • How experienced is the firm with lease extension legislation?
  • If they are not ALEP accredited then what is the reason?

    • Do you have any top tips for leasehold conveyancing in Tyldesley with the aim of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Tyldesley can be bypassed where you instruct lawyers the minute you market your property and request that they start to collate the leasehold information which will be required by the purchasers’ representatives.
    • Many landlords or managing agents in Tyldesley levy fees for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Tyldesley.
  • If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Tyldesley leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence from the Landlord consenting to such works. Where you fail to have the approvals to hand you should not contact the landlord without contacting your lawyer first.
  • Some Tyldesley leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If there is a history of conflict with your landlord 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 reluctant to purchase a flat where a dispute is ongoing. You may have to bite the bullet and pay any arrears of service charge or settle 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 are still duty bound to disclose details of the dispute to the purchasers, but it is better to reveal the dispute as historic rather than ongoing.

    • Leasehold Conveyancing in Tyldesley - A selection of Queries Prior to Purchasing

      If a Tyldesley lease has less than 80 years it will affect the value of the property. Check with your lender that they are content with the length of the lease. A short lease means that you will most likely require a lease extension at some point and it is worth discovering how much this would cost. For most Tyldesleylease extensions you would need to own the residence for 24 months before you are legally able to carry out a lease extension. Please tell me if there are any major works in the near future that will likely increase the maintenance charges? In the main the cost for major works tend not to be built into the maintenance charges, albeit that some managing agents in Tyldesley ask leasehold owners to pay into a reserve fund and this is used to offset against larger repairs or maintenance.

    Other Topics

    Lease Extensions in Tyldesley