Fixed-fee leasehold conveyancing in Manchester:

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When it comes to leasehold conveyancing in Manchester, you will need to instruct a conveyancing solicitor with leasehold experience. Whether your lender is to be Clydesdale , Birmingham Midshires or Bradford & Bingley make sure you choose a lawyer on their approved list. Find a Manchester conveyancing lawyer with our search tool

Recently asked questions relating to Manchester leasehold conveyancing

I would like to let out my leasehold apartment in Manchester. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Notwithstanding that your previous Manchester 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 seek consent via your landlord or some other party prior to subletting. The net result is you not allowed to sublet in the absence of prior permission. The consent is not allowed to be unreasonably turned down. If the lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

Having checked my lease I have discovered that there are only Sixty One years left on my lease in Manchester. I now want to get lease extension but my landlord is absent. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to prove that you or your lawyers have made all reasonable attempts to locate the freeholder. On the whole an enquiry agent may be useful to carry out a search and prepare an expert document which can be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s absence and the vesting order request to the County Court overseeing Manchester.

Back In 2000, I bought a leasehold house in Manchester. Conveyancing and Nationwide Building Society mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Manchester who acted for me is not around.Do I pay?

First contact HMLR to make sure that this person is indeed the registered owner of the freehold reversion. There is no need to instruct a Manchester conveyancing firm to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am a negotiator for a reputable estate agent office in Manchester where we have experienced a few flat sales put at risk due to leases having less than 80 years remaining. I have been given contradictory information from local Manchester conveyancing firms. Can you confirm whether the seller of a flat can initiate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, 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 buyer.

Can you provide any advice for leasehold conveyancing in Manchester from the point of view of saving time on the sale process?

  • Much of the frustration in leasehold conveyancing in Manchester can be bypassed where you get in touch lawyers the minute your agents start marketing the property and request that they start to put together the leasehold information which will be required by the buyers solicitors.
  • The majority freeholders or Management Companies in Manchester charge for providing management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management information sought as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Manchester.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Manchester state that internal structural changes or installing wooden flooring necessitate a licence issued by the Landlord approving such alterations. Where you dont have the approvals to hand you should not communicate with the landlord without checking with your lawyer first.
  • Some Manchester leases require Landlord’s consent to the sale and approval of the buyers. 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. Any bank reference should make it clear that the buyer is financially capable of paying 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 lawyers.
  • You believe that you know the number of years left on your lease but it would be advisable double-check by asking your lawyers. A purchaser's lawyer will be unlikely to recommend their client to where the remaining number of years is less than 80 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Manchester Leasehold Conveyancing - A selection of Queries before Purchasing

      On the whole the cost for major works tend not to be included within maintenance charges, albeit that there some managing agents in Manchester ask leaseholders to pay into a reserve fund and this is used to offset against major repairs or maintenance. Who takes responsibility for maintaining and repairing the block? The prefered form of lease structure is a share of the freehold. In this situation the lessees have control and although a managing agent is often employed if the building is larger than a house conversion, the managing agent employed by the leaseholders.

    Other Topics

    Lease Extensions in Manchester