Having had my offer accepted I require leasehold conveyancing in Helsby. Before I set the wheels in motion I require certainty as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and almost all are in Helsby - then the leasehold title will always include the basic details 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.

My fiance and I may need to sub-let our Helsby ground floor flat for a while due to a new job. We instructed a Helsby conveyancing practice in 2004 but they have closed and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Helsby conveyancing lawyer is not around you can review your lease to see if it allows you to sublet the premises. The accepted inference is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you must seek consent via 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 turned down. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

I own a leasehold flat in Helsby. Conveyancing and Chelsea Building Society mortgage went though with no issue. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Helsby who acted for me is not around.Do I pay?

First make enquiries of HMLR to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to incur the fees of a Helsby conveyancing firm to do this as it can be done on-line for £3. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am a negotiator for a busy estate agency in Helsby where we have witnessed a few leasehold sales jeopardised as a result of short leases. I have been given inconsistent advice from local Helsby conveyancing firms. Can you clarify whether the owner of a flat can instigate 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. The benefit of this is that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

An alternative approach is 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.

Do you have any top tips for leasehold conveyancing in Helsby with the purpose of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Helsby can be bypassed if you instruct lawyers the minute you market your property and ask them to collate the leasehold information needed by the purchasers’ solicitors.
• Many landlords or Management Companies in Helsby levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for 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 common cause of delay in leasehold conveyancing in Helsby.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Helsby state that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord consenting to such alterations. Should you fail to have the consents in place you should not communicate with the landlord without checking with your conveyancer in the first instance.
• If you have had conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You will have to accept that you will have to 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 ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic as opposed to ongoing.
• If you have the benefit of shareholding in the freehold, you should ensure that you hold the original share document. Obtaining a replacement share certificate can be a time consuming process and frustrates many a Helsby home move. Where a duplicate share is required, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

I am the registered owner of a leasehold flat in Helsby, conveyancing formalities finalised 10 years ago. Can you work out an approximate cost of a lease extension? Similar properties in Helsby with over 90 years remaining are worth £265,000. The average or mid-range amount of ground rent is £45 levied per year. The lease ceases on 21st October 2078

You have 52 years unexpired we estimate the price of your lease extension to be between £32,300 and £37,400 as well as costs.

The suggested premium range above a general guide to costs for extending a lease, but we are not able to provide a more accurate figure without more comprehensive investigations. You should not use the figures in tribunal or court proceedings. There are no doubt additional issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. You should not take any other action based on this information before getting professional advice.