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Questions and Answers: Wythenshawe leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Wythenshawe. Before I set the wheels in motion I want to be sure as to the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and most are in Wythenshawe - then the leasehold title will always include the basic details 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 wish to let out my leasehold apartment in Wythenshawe. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Notwithstanding that your last Wythenshawe conveyancing solicitor is no longer around you can review your lease to see if you are permitted to let out the premises. The rule is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain permission from your landlord or some other party prior to subletting. The net result is that you cannot sublet without prior permission. The consent should not be unreasonably withheld. If your lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

I only have 62 years unexpired on my lease in Wythenshawe. I am keen to extend my lease but my freeholder is can not be found. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to track down the freeholder. In some cases a specialist would be useful to conduct investigations and prepare a report to be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a property lawyer both on proving the landlord’s absence and the application to the County Court overseeing Wythenshawe.

Due to complete next month on a garden flat in Wythenshawe. Conveyancing solicitors assured me that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Wythenshawe should include some of the following:

  • The unexpired lease term You should be advised as what happens when the lease expires, and informed of the importance of not letting the lease term falling below eighty years
  • Will you be prohibited or prevented from having pets in the property?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • You should have a good understanding of the insurance provisions
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • Responsibility for repairing the window frames For a comprehensive list of information to be included in your report on your leasehold property in Wythenshawe please enquire of your lawyer in ahead of your conveyancing in Wythenshawe

  • Do you have any advice for leasehold conveyancing in Wythenshawe from the perspective of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Wythenshawe can be bypassed if you get in touch lawyers the minute you market your property and request that they start to collate the leasehold documentation which will be required by the buyers representatives.
    • Many landlords or managing agents in Wythenshawe levy fees for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for 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 frequent reason for frustration in leasehold conveyancing in Wythenshawe.
  • If you have had conflict with your landlord or managing agents it is very important that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase 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 prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to reveal the dispute as historic rather than unsettled.
  • If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share document. Organising a duplicate share certificate can be a time consuming process and slows down many a Wythenshawe home move. Where a new share certificate is necessary, do contact the company officers or managing agents (where applicable) for this as soon as possible.
  • You believe that you know the number of years remaining on your lease but it would be wise to verify this via your conveyancers. A purchaser's lawyer will not be happy to advise their client to where the remaining number of years is less than 80 years. In the circumstances it is important at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

  • Wythenshawe Leasehold Conveyancing - Sample of Questions you should ask Prior to Purchasing

      For most Wythenshawe leaseholds the cost for major works are not included within maintenance charges, although there some managing agents in Wythenshawe obliged tenants to pay into a reserve fund and this is used to offset against major works. Who manages the building? Best to be warned whether a new roof is being installed or some other significant cost is due in the near future to be shared amongst the tenants and may well dramatically increase the the maintenance fees or result in a one off payment.

    Other Topics

    Lease Extensions in Wythenshawe