Frequently asked questions relating to Wythenshawe leasehold conveyancing
I am intending to let out my leasehold flat in Wythenshawe. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Some leases for properties in Wythenshawe do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience dictates 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've recently bought a leasehold flat in Wythenshawe. Am I liable to pay service charges for periods before completion of my purchase?
In a situation 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. It is an essential part 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 choosing a Wythenshawe conveyancing firm to deal with our lease extension?
If you are instructing a conveyancer for your lease extension (regardless if they are a Wythenshawe conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non Wythenshawe conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:
- How familiar is the practice with lease extension legislation?
Do you have any top tips for leasehold conveyancing in Wythenshawe from the perspective of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Wythenshawe can be avoided if you appoint lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the buyers lawyers.
- If you have carried out any alterations to the premises would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Wythenshawe state that internal structural changes or laying down wooden flooring require a licence issued by the Landlord approving such alterations. Where you dont have the consents in place do not contact the landlord without contacting your lawyer in advance.
We expect to complete the disposal of our £400000 flat in Wythenshawe in just under a week. The management company has quoted £336 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Wythenshawe?
For the majority of leasehold sales in Wythenshawe conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
- Completing conveyancing due diligence enquiries
- Where consent is required before sale in Wythenshawe
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Wythenshawe Leasehold Conveyancing - Examples of Queries before buying
Is the freehold owned collectively by the tenants?
It would be sensible to find out if the the lease contains any unreasonable restrictions in the lease. For instance it is fairly common in Wythenshawe leases that pets are not allowed in certain buildings in Wythenshawe. If you love the flatin Wythenshawe however your cat is not allowed to live with you then you will be faced hard determination.
It would be prudent to find out as much as you can about the company managing the building as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to every day issues such as the tidiness of the communal areas. You should not be shy to ask prospective neighbours if they are happy with their service. Finally, find out the dates that the service fees are due to the appropriate party and specifically what it includes.