I am hoping to put an offer on a small detached house that appears to be perfect, at a reasonable figure which is making it all the more appealing. I have just discovered that the title is leasehold as opposed to freehold. I would have thought that there are issues purchasing a house with a leasehold title in Belper. Conveyancing lawyers have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Belper ?

Most houses in Belper are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Belper so you should seriously consider looking for a Belper conveyancing practitioner and check that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’sconsent to carry out alterations. It may be necessary to pay a service charge towards the upkeep of the estate where the property is part of an estate. Your conveyancer should advise you fully on all the issues.

My wife and I purchased a leasehold house in Belper. Conveyancing and Accord Mortgages Ltd mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Belper who acted for me is not around.Do I pay?

The first thing you should do is make enquiries of HMLR to be sure that the individual claiming to own the freehold is indeed the new freeholder. You do not need to instruct a Belper conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am looking at a two maisonettes in Belper which have in the region of 50 years left on the leases. Should I regard a short lease as a deal breaker?

There are plenty of short leases in Belper. The lease is a right to use the property for a period of time. As a lease gets shorter the saleability of the lease reduces and results in it becoming more costly to extend the lease. For this reason it is generally wise to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a protracted process. We advise that you get professional help from a solicitor and surveyor with experience in this area

Can you offer any advice when it comes to choosing a Belper conveyancing firm to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Belper conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Belper conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:

• What volume of lease extensions have they conducted in Belper in the last year?

All being well we will complete the sale of our £325000 maisonette in Belper in 5 days. The managing agents has quoted £312 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Belper?

Belper conveyancing on leasehold apartments more often than not involves the buyer’s lawyer sending questions for the landlord to address. Although the landlord is not legally bound to address these enquiries most will be content to assist. They are at liberty invoice a reasonable charge for responding to questions or supplying documentation. There is no set fee. The average costs for the information that you are referring to is £350, in some cases it is in excess of £800. The administration charge demanded by the landlord must be sent together with a summary of entitlements and obligations in relation to administration charges, without which the charge is technically not due. In reality you have no choice but to pay whatever is demanded if you want to exchange contracts with the buyer.

Belper Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

Be sure to enquire if the the lease contains any adverse restrictions in the lease. By way of example some leases prohibit pets being allowed in certain buildings in Belper. If you love the propertyin Belper but your cat can’t live with you then you will be presented with a difficult choice. It would be prudent to discover as much as possible regarding the company managing the building as they will either make your life much simpler or uncomfortable. As the proprietor of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to every day matters like the tidiness of the communal areas. You should not be shy to ask other people if they are happy with them. On a final note, be sure you understand the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money. The answer will be important as a) areas could cause problems in the block as the communal areas may start to deteriorate where repairs remain unpaid b) if the tenants have a dispute with the managing agents you will need to know about it

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Lease Extensions in Belper