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Questions and Answers: Helsby leasehold conveyancing

I am in need of some leasehold conveyancing in Helsby. Before I set the wheels in motion I would like to find out the unexpired term of the lease.

Assuming the lease is registered - and most 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.

I only have 62 years remaining on my flat in Helsby. I now want to get lease extension but my landlord is missing. What should I do?

If you qualify, 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 lengthened by the Court. However, you will be required to prove that you have used your best endeavours to track down the lessor. On the whole a specialist would be helpful to try and locate and to produce a report to be accepted by the court as evidence that the landlord is indeed missing. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s disappearance and the application to the County Court covering Helsby.

Planning to complete next month on a leasehold property in Helsby. Conveyancing lawyers assured me that they will have a report out to me next week. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Helsby should include some of the following:

  • You should receive a copy of the lease
  • How long the lease is You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark
  • Setting out your legal entitlements in relation to common areas in the building.E.G., does the lease contain a right of way over a path or hallways?
  • Are you allowed to have a pet in the flat?
  • You must be told what counts as a Nuisance in the lease
  • You should have a good understanding of the insurance provisions
  • Responsibility for repairing the window frames For details of the information to be contained in your report on your leasehold property in Helsby please ask your lawyer in advance of your conveyancing in Helsby

    • What are your top tips when it comes to finding a Helsby conveyancing practice to deal with our lease extension?

    If you are instructing a solicitor for lease extension works (regardless if they are a Helsby conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Helsby conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

    • How experienced is the practice with lease extension legislation?
  • If they are not ALEP accredited then what is the reason?

    • Can you provide any advice for leasehold conveyancing in Helsby with the intention of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Helsby can be avoided if you instruct lawyers as soon as you market your property and ask them to put together the leasehold information which will be required by the buyers representatives.
    • Many freeholders or managing agents in Helsby levy fees for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management pack sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Helsby.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Helsby leases often stipulate that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord acquiescing to such changes. Where you dont have the consents to hand you should not contact the landlord without checking with your conveyancer in advance.
  • Some Helsby leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is able to meet the annual 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 purchasers or their lawyers.
  • 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 reluctant to purchase a property where there is a current dispute. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to completion of the sale. 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 clearly preferable to present the dispute as historic rather than unresolved.

    • I am the registered owner of a basement flat in Helsby, conveyancing having been completed in 2006. Can you let me have an estimated range of the fair premium for a lease extension? Comparable flats in Helsby with a long lease are worth £221,000. The ground rent is £60 invoiced every year. The lease runs out on 21st October 2091

    With 67 years remaining on your lease the likely cost is going to span between £10,500 and £12,000 plus costs.

    The figure that we have given is a general guide to costs for renewing a lease, but we are not able to supply the actual costs without more comprehensive due diligence. You should not use the figures in a Notice of Claim or as an informal offer. There may be other issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first getting professional advice.

    Other Topics

    Lease Extensions in Helsby