I am on look out for some leasehold conveyancing in Walton. Before I get started I would like to find out the number of years remaining on the lease.

Assuming the lease is registered - and almost all are in Walton - 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.

I am intending to rent out my leasehold apartment in Walton. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Even though your last Walton conveyancing solicitor is not available you can check your lease to see if it allows you to sublet the premises. The rule is that if the deeds are silent, subletting is allowed. There may be a precondition that you must obtain permission from your landlord or other appropriate person before subletting. This means that you cannot sublet without prior permission. Such consent should not be unreasonably withheld. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

Estate agents have just been given the go-ahead to market my 2 bed apartment in Walton.Conveyancing is yet to be initiated but I have just received a half-yearly maintenance charge invoice – what should I do?

Your conveyancing lawyer is likely to suggest that you should clear 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 hoping to put an offer on a small detached house that appears to meet my requirements, 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 buying a house with a leasehold title in Walton. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Walton ?

The majority of houses in Walton are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are purchasing in Walton so you should seriously consider shopping around for a Walton conveyancing solicitor and check that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’sconsent to carry out alterations. You may also be required to pay a service charge towards the upkeep of the communal areas where the property is part of an estate. Your lawyer will appraise you on the various issues.

Can you provide any top tips for leasehold conveyancing in Walton with the purpose of saving time on the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Walton can be avoided where you appoint lawyers as soon as 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 Management Companies in Walton charge for providing management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Walton.
• A minority of Walton leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
• If you have had conflict with your freeholder or managing agents it is essential that these are resolved before the property is marketed. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You will have to accept that you will have to discharge 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 purchasers, but it is clearly preferable to present the dispute as historic as opposed to unresolved.
• If you are supposed to have a share in the freehold, you should ensure that you have the original share document. Obtaining a re-issued share certificate is often a lengthy process and frustrates many a Walton conveyancing transaction. Where a new share is needed, do contact the company officers or managing agents (if applicable) for this as soon as possible.

Following months of correspondence we cannot agree with our landlord on how much the lease extension should cost for our flat in Walton. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

Most definitely. We can put you in touch with a Walton conveyancing firm who can help.

An example of a Lease Extension decision for a Walton premises is 147 Redford Close in June 2012. The Tribunal determined the lease extension premium to be at £4,200 This case related to 1 flat. The unexpired lease term was 82.93 years.

Leasehold Conveyancing in Walton - Sample of Questions you should ask before buying

You will want to find out as much as possible concerning the company managing the building as they will either make your life much simpler or problematic. Being a leasehold owner you are often in the clutches of the managing agents both financially and when it comes to day to day matters such as the tidiness of the communal areas. Enquire of prospective neighbours what they think of their service. On a final note, investigate as to the dates that you are obliged pay the maintenance charge to the relevant party and specifically what you get for your money. Is anyone aware of any major works on the horizon that will likely add a premium to the maintenance charges?