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?

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

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.

A minority of Wythenshawe leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet the yearly 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.

If you hold a share in a the freehold, you should make sure that you have the original share document. Arranging a duplicate share certificate can be a lengthy process and slows down many a Wythenshawe conveyancing transaction. Where a reissued share certificate is needed, do contact the company director and secretary or managing agents (if applicable) for this as soon as possible.

You may think that you are aware of the number of years left on your lease but it would be advisable double-check via your solicitors. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is less than 75 years. In the circumstances it is essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

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

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Wythenshawe leasehold premises is £350. For Wythenshawe 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.

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.

Other Topics

Lease Extensions in Wythenshawe