Jane (my partner) and I may need to let out our Ellesmere Port garden flat for a while due to a new job. We instructed a Ellesmere Port conveyancing practice in 2004 but they have since shut and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

A lease governs relations between the freeholder and you the leaseholder; specifically, it will set out if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Ellesmere Port do not contain subletting altogether – such a provision would undoubtedly devalue the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

I am hoping to put an offer on a small detached house that seems to be perfect, at a great price which is making it more attractive. I have since found out that the title is leasehold as opposed to freehold. I would have thought that there are issues purchasing a leasehold house in Ellesmere Port. Conveyancing advisers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Ellesmere Port ?

The majority of houses in Ellesmere Port are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Ellesmere Port in which case you should be looking for a Ellesmere Port conveyancing solicitor and be sure that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example obtaining the landlord’sconsent to carry out changes to the property. It may be necessary to pay a contribution towards the maintenance of the communal areas where the property is located on an estate. Your lawyer should report to you on the legal implications.

I am attracted to a two maisonettes in Ellesmere Port both have approximately 50 years left on the leases. Should I regard a short lease as a deal breaker?

A lease is a right to use the property for a prescribed time frame. As the lease gets shorter the value of the lease reduces and results in it becoming more costly to extend the lease. For this reason it is advisable to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease because mortgage lenders may be reluctant to lend money on properties of this type. Lease extension can be a protracted process. We recommend you get professional help from a conveyancer and surveyor with experience in this field

I've recently bought a leasehold property in Ellesmere Port. Am I liable to pay service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous owner 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).

I work for a busy estate agent office in Ellesmere Port where we see a few leasehold sales put at risk due to leases having less than 80 years remaining. I have been given inconsistent advice from local Ellesmere Port conveyancing firms. Can you confirm whether the owner of a flat can start the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have 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 simultaneously with completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord 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 buyer.

Leasehold Conveyancing in Ellesmere Port - Examples of Questions you should consider before buying

Plenty Ellesmere Port leasehold properties will have a service charge for maintenance of the building invoiced on behalf of the management company. Should you purchase the flat you will have to pay this contribution, normally in instalments during the year. This could differ from several hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. In all likelihood there will be a ground rent to be met annual, normally this is not a large figure, say approximately £25-£75 but you need to enquire as occasionally it could be many hundreds of pounds. The best form of lease arrangement is a share of the freehold. In this situation the tenants benefit from being in charge if their destiny and although a managing agent is usually retained where the building is larger than a house conversion, the managing agent is directed by the tenants. Please note that where the lease has less than eighty years it will impact the marketability of the apartment. Check with your mortgage company that they are happy with remaining years on the lease. Leases with less than 80 years remaining means that you will most likely have to extend the lease at some point and you need to have some idea of what this will be. For most Ellesmere Portlease extensions you would need to own the property for 24 months in order to be eligible to carry out a lease extension.

Other Topics

Lease Extensions in Ellesmere Port