I am on look out for some leasehold conveyancing in Hartlepool. Before I get started I require certainty as to the number of years remaining on the lease.

If the lease is recorded at the land registry - and almost all are in Hartlepool - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I've found a house that appears to be perfect, at a reasonable figure which is making it more attractive. I have subsequently been informed that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Hartlepool. Conveyancing solicitors have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Hartlepool ?

Most houses in Hartlepool are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Hartlepool so you should seriously consider looking for a Hartlepool conveyancing solicitor and check that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the landlord’spermission to conduct alterations. You may also be required to pay a contribution towards the upkeep of the estate where the property is located on an estate. Your solicitor will report to you on the legal implications.

I am a negotiator for a long established estate agent office in Hartlepool where we have witnessed a number of leasehold sales put at risk due to leases having less than 80 years remaining. I have received contradictory information from local Hartlepool conveyancing solicitors. Please can you clarify whether the owner of a flat can commence the lease extension formalities for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.

An alternative approach is 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 purchaser.

Do you have any top tips for leasehold conveyancing in Hartlepool with the purpose of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Hartlepool can be bypassed if you instruct lawyers the minute you market your property and request that they start to collate the leasehold documentation which will be required by the buyers conveyancers.
• If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Hartlepool state that internal structural changes or laying down wooden flooring require a licence from the Landlord approving such alterations. Where you dont have the consents in place you should not communicate with the landlord without checking with your solicitor before hand.

Some Hartlepool leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are 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 buyers or their solicitors.

If there is a history of any disputes with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a property where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to reveal the dispute as historic as opposed to unresolved.

If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share document. Organising a replacement share certificate is often a lengthy process and frustrates many a Hartlepool conveyancing transaction. Where a new share certificate is required, you should approach the company officers or managing agents (if relevant) for this sooner rather than later.

Completion in due on the disposal of our £275000 apartment in Hartlepool on Friday in a week. The managing agents has quoted £396 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Hartlepool?

Hartlepool conveyancing on leasehold maisonettes nine out of ten times results in administration charges levied by freeholders :

• Completing pre-contract enquiries
• Where consent is required before sale in Hartlepool
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Hartlepool leasehold premises is £350. For Hartlepool conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide answers.

Hartlepool Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to Purchasing

What prohibitions are there in the Hartlepool Lease? The prefered form of lease arrangement is where the freehold title is owned by the leaseholders. In this arrangement the leaseholders have control and notwithstanding that a managing agent is frequently employed if the building is bigger than a house conversion, the managing agent is directed by the tenants. Can you tell me if there are any major works on the horizon that will likely increase the maintenance fees?

Other Topics

Lease Extensions in Hartlepool