Guaranteed fixed fees for Leasehold Conveyancing in Wigan

Get a Quote

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

Wigan leasehold conveyancing Example Support Desk Enquiries

Having had my offer accepted I require leasehold conveyancing in Wigan. Before diving in I want to be sure as to the unexpired term of the lease.

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

Jane (my partner) and I may need to sub-let our Wigan ground floor flat temporarily due to a career opportunity. We used a Wigan conveyancing firm in 2002 but they have closed and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Wigan do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience suggests 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.

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a great figure which is making it more attractive. I have just discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Wigan. Conveyancing solicitors have not yet been appointed. Will they explain the issues?

Most houses in Wigan are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are purchasing in Wigan in which case you should be shopping around for a Wigan conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’spermission to conduct alterations. It may be necessary to pay a contribution towards the upkeep of the estate where the property is part of an estate. Your lawyer will appraise you on the various issues.

I am employed by a long established estate agent office in Wigan where we see a number of flat sales put at risk as a result of leases having less than 80 years remaining. I have received conflicting advice from local Wigan conveyancing firms. Please can you shed some light as to whether the seller of a flat can commence the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.

Alternatively, it may be possible 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.

Do you have any advice for leasehold conveyancing in Wigan with the purpose of speeding up the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Wigan can be reduced if you get in touch lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the buyers conveyancers.
  • Many freeholders or Management Companies in Wigan charge for providing management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Wigan.
  • If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example installed wooden flooring? Wigan leases often stipulate that internal structural changes or addition of wooden flooring require a licence from the Landlord approving such changes. If you fail to have the consents to hand you should not contact the landlord without contacting your lawyer first.
  • If you have had any disputes with your freeholder or managing agents it is very important that these are resolved before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is unsettled. You may need to swallow your pride and 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 buyers, but it is better to present the dispute as over as opposed to ongoing.
  • If you have the benefit of shareholding in the freehold, you should make sure that you have the original share document. Organising a re-issued share certificate is often a lengthy formality and delays many a Wigan conveyancing deal. Where a duplicate share is necessary, you should approach the company officers or managing agents (where applicable) for this as soon as possible.

    • Wigan Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to Purchasing

      Does the lease contain onerous restrictions? Make sure you enquire if there is anything that is prohibited in the lease. For instance it is reasonably common in Wigan leases that pets are not allowed in in a block in Wigan. If you love the apartmentin Wigan yet your cat can’t make the move with you then you have a very hard determination. Does this lease have in excess of 85 years left?

    Other Topics

    Lease Extensions in Wigan