Top Five Questions relating to Widnes leasehold conveyancing
I would like to rent out my leasehold apartment in Widnes. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Your lease dictates the relationship between the landlord and you the leaseholder; in particular, it will say if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Widnes do not prevent an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.
Expecting to exchange soon on a studio apartment in Widnes. Conveyancing lawyers have said that they report fully within the next couple of days. What should I be looking out for?
The report on title for your leasehold conveyancing in Widnes should include some of the following:
- The physical extent of the demise. This will be the apartment itself but may include a roof space or basement if applicable.
I have just appointed agents to market my ground floor apartment in Widnes.Conveyancing is yet to be initiated but I have just received a half-yearly maintenance charge invoice – should I leave it to the buyer to sort out?
It best that you pay the invoice 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 until 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. This will smooth the conveyancing process.
I am a negotiator for a reputable estate agent office in Widnes where we see a number of flat sales jeopardised due to short leases. I have received contradictory information from local Widnes conveyancing solicitors. Could you confirm whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
What advice can you give us when it comes to choosing a Widnes conveyancing firm to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Widnes conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Widnes conveyancing practices prior to 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 practice with lease extension legislation?
Widnes Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing
What is the yearly maintenance fee and ground rent?
How many of the leaseholders are in arrears for their maintenance charge payments?
It is important to be aware whether redecorating or some other major work is due in the foreseeable future that will be shared by the leaseholders and could well materially impact the level of the service costs or necessitate a one off invoice.