Experts for Leasehold Conveyancing in Rochdale

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While any conveyancing practice can theoretically handle your leasehold conveyancing in Rochdale, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Examples of recent questions relating to leasehold conveyancing in Rochdale

Jane (my partner) and I may need to let out our Rochdale 1st floor flat for a while due to taking a sabbatical. We instructed a Rochdale conveyancing practice in 2002 but they have closed and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?

Notwithstanding that your previous Rochdale conveyancing solicitor is not available you can check your lease to see if you are permitted to let out the premises. The accepted inference is that if the deeds are non-specific, subletting is permitted. Quite often there is a prerequisite that you are obliged to seek permission from your landlord or some other party before subletting. The net result is you not allowed to sublet without prior consent. Such consent should not be unreasonably refused ore delayed. If your lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.

Estate agents have just been given the go-ahead to market my ground floor flat in Rochdale.Conveyancing lawyers have not yet been instructed but I have just had a quarterly service charge invoice – what should I do?

The sensible thing to do is clear the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

What advice can you give us when it comes to finding a Rochdale conveyancing firm to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Rochdale conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Rochdale conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

  • If the firm is not ALEP accredited then why not?
  • Can they put you in touch with client in Rochdale who can give a testimonial?

    • Do you have any advice for leasehold conveyancing in Rochdale with the intention of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Rochdale can be reduced where you get in touch lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold information needed by the buyers lawyers.
    • Many freeholders or Management Companies in Rochdale levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Rochdale.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Rochdale leases often stipulate that internal structural changes or addition of wooden flooring require a licence issued by the Landlord approving such alterations. Should you dont have the paperwork to hand you should not communicate with the landlord without checking with your conveyancer first.
  • A minority of Rochdale leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If you hold a share in a the Management Company, you should ensure that you have the original share certificate. Obtaining a duplicate share certificate can be a lengthy process and delays many a Rochdale conveyancing deal. Where a reissued share is required, you should approach the company officers or managing agents (if applicable) for this at the earliest opportunity.

    • If all goes to plan we aim to complete the sale of our £125000 maisonette in Rochdale in seven days. The management company has quoted £360 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Rochdale?

    Rochdale conveyancing on leasehold maisonettes often necessitates the purchaser’s conveyancer submitting enquiries for the landlord to address. Although the landlord is not legally bound to answer such questions most will be willing to assist. They are entitled charge a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some situations it exceeds £800. The management information fee invoiced by the landlord must be accompanied by a summary of entitlements and obligations in respect of administration charges, otherwise the charge is not strictly payable. Reality however dictates that you have little option but to pay whatever is demanded should you wish to sell the property.

    Rochdale Leasehold Conveyancing - A selection of Queries Prior to buying

      In the main the outlay for major works are not incorporated into the maintenance charges, although a few managing agents in Rochdale obliged leasehold owners to contribute towards a reserve fund and this is used to offset against larger works. How is the lease structured? What restrictions exist in the Rochdale Lease?

    Other Topics

    Lease Extensions in Rochdale