Having checked my lease I have discovered that there are only 72 years remaining on my flat in Grange Over Sands. I need to extend my lease 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 enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to track down the landlord. For most situations a specialist may be helpful to try and locate and prepare an expert document to be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the application to the County Court covering Grange Over Sands.

I've found a house that seems to tick a lot of boxes, at a reasonable price which is making it more attractive. I have since been informed that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Grange Over Sands. Conveyancing advisers have are about to be instructed. Will they explain the issues?

Most houses in Grange Over Sands are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. it is apparent that you are buying in Grange Over Sands so you should seriously consider shopping around for a Grange Over Sands conveyancing solicitor and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’spermission to carry out changes to the property. It may be necessary to pay a service charge towards the upkeep of the estate where the property is located on an estate. Your conveyancer will advise you fully on all the issues.

I own a leasehold house in Grange Over Sands. Conveyancing and Nottingham Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Grange Over Sands who acted for me is not around.Do I pay?

The first thing you should do is contact HMLR to make sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Grange Over Sands conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I work for a long established estate agency in Grange Over Sands where we have experienced a few leasehold sales put at risk due to short leases. I have received conflicting advice from local Grange Over Sands conveyancing solicitors. Can you confirm whether the seller of a flat can start the lease extension formalities for the buyer?

Provided that the seller has been the owner 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. 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 prior to, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible 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 purchaser.

What advice can you give us when it comes to appointing a Grange Over Sands conveyancing practice to deal with our lease extension?

When appointing a property lawyer for lease extension works (regardless if they are a Grange Over Sands conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Grange Over Sands conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:

• How many lease extensions has the firm conducted in Grange Over Sands in the last twenty four months?

Leasehold Conveyancing in Grange Over Sands - A selection of Queries Prior to Purchasing

What is the length of the lease? Who is in charge of the block? Make sure you investigate if the the lease contains any onerous restrictions in the lease. For example plenty of leases prohibit pets being allowed in in a block in Grange Over Sands. If you love the flatin Grange Over Sands however your cat can’t live with you then you will be faced hard compromise.

Other Topics

Lease Extensions in Grange Over Sands