I am tempted by the attractive purchase price for a two maisonettes in Widnes which have approximately 50 years unexpired on the leases. Will this present a problem?

There are plenty of short leases in Widnes. The lease is a right to use the property for a prescribed time frame. As a lease gets shorter the saleability of the lease decreases and it becomes more expensive to extend the lease. For this reason it is advisable to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease extension can be a difficult process. We advise that you seek professional assistance from a conveyancer and surveyor with experience in this area

Last month I purchased a leasehold flat in Widnes. Do I have any liability for service charges relating to a period prior to 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. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure 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 are your top tips when it comes to finding a Widnes conveyancing firm to carry out our lease extension conveyancing?

When appointing a solicitor for your lease extension (regardless if they are a Widnes conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Widnes conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

• If they are not ALEP accredited then what is the reason?

Can they put you in touch with client in Widnes who can give a testimonial?

Do you have any top tips for leasehold conveyancing in Widnes with the purpose of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Widnes can be reduced if you appoint lawyers the minute your agents start advertising the property and ask them to collate the leasehold information which will be required by the purchasers’ representatives.
• A minority of Widnes 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 put in hand bank and professional references. The 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 solicitors.

If there is a history of any disputes with your landlord or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be warry about purchasing a flat where a dispute is unsettled. 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 ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to reveal the dispute as historic rather than ongoing.

If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share document. Obtaining a new share certificate is often a lengthy process and slows down many a Widnes conveyancing deal. If a reissued share certificate is needed, you should approach the company officers or managing agents (if applicable) 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 by asking your solicitors. A buyer’s lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is below 75 years. It is therefore essential at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

Completion in due on the disposal of our £475000 flat in Widnes in 10 days. The landlords agents has quoted £360 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Widnes?

Widnes conveyancing on leasehold maisonettes usually results in fees being levied by freeholders :

• Addressing pre-exchange enquiries
• Where consent is required before sale in Widnes
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Widnes leasehold premises is £350. For Widnes conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to provide the information.

Widnes Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

Is anyone aware of any major works anticipated that will add a premium to the service fees? It would be wise to find out as much as possible regarding the managing agents as they will either make life much simpler or uncomfortable. As the proprietor of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to practical matters like the cleanliness of the common parts. Enquire of other people whether they are happy with their service. Finally, find out the dates that the maintenance fees are due to the appropriate party and specifically how they are spending the funds. For most Widnes leaseholds the cost for major works tend not to be included within service charges, although a few managing agents in Widnes require leaseholders to pay into a reserve fund and this is used to offset against major works.

Other Topics

Lease Extensions in Widnes