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

If the lease is recorded at the land registry - and 99.9% are in Longford - 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.

Jane (my partner) and I may need to sub-let our Longford ground floor flat for a while due to a career opportunity. We instructed a Longford conveyancing practice in 2001 but they have closed and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?

Even though your previous Longford conveyancing lawyer is no longer around you can check your lease to check if you are permitted to let out the apartment. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you must obtain consent from your landlord or some other party in advance of subletting. The net result is you not allowed to sublet in the absence of first obtaining permission. Such consent should not be unreasonably turned down. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

I am attracted to a two apartments in Longford both have in the region of 50 years remaining on the leases. Should I regard a short lease as a deal breaker?

A lease is a legal document that entitles you to use the property for a prescribed time frame. As the lease shortens the marketability of the lease deteriorate and results in it becoming more costly to acquire a lease extension. This is why it is generally wise to extend the lease term. It is often difficulties arise selling premises with a short lease as mortgage lenders may be unwilling to lend money on properties of this type. Lease extension can be a protracted process. We advise that you get professional help from a solicitor and surveyor with experience in this arena

Can you provide any advice for leasehold conveyancing in Longford with the purpose of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Longford can be avoided where you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ representatives.
• If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you installed wooden flooring? Longford leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord acquiescing to such changes. Should you dont have the consents in place do not communicate with the landlord without contacting your conveyancer in advance.
• A minority of Longford leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain 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 service charge figures so that they can pass this information on to the buyers or their solicitors.
• If there is a history of any disputes with your landlord or managing agents it is very important that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be warry about purchasing a flat where a dispute is unsettled. You may need to swallow your pride 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 will still have to reveal particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as historic rather than unsettled.
• If you have the benefit of shareholding in the Management Company, you should make sure that you are holding the original share certificate. Obtaining a duplicate share certificate can be a time consuming process and delays many a Longford home move. If a reissued share is necessary, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

I inherited a two-bedroom flat in Longford. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the amount payable for the purchase of the freehold?

in cases where there is a absentee freeholder or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to arrive at the price payable.

An example of a Freehold Enfranchisement decision for a Longford premises is 164 Nestles Avenue in October 2013. The tribunal agreed with the proposed price of £20,158 for the freehold and determined that that sum is the amount to be paid into court This case was in relation to 2 flats. The unexpired term was 69 years.

What makes a Longford lease unmortgageable?

There is nothing unique about leasehold conveyancing in Longford. Most leases are individual and drafting errors can sometimes mean that certain clauses are wrong. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the property
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, The Mortgage Works, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the purchaser to pull out.

Longford Conveyancing for Leasehold Flats - Examples of Queries before Purchasing

This information is useful as a) areas could result in problems in the building as the communal areas may start to deteriorate where services are not paid for b) if the leaseholders have a dispute with the running of the building you will want to have all the details Many Longford leasehold flats will have a service bill for the upkeep of the building set on behalf of the freeholder. If you buy the apartment you will have to meet this charge, normally periodically during the year. This may vary from two or three hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. There will also be a ground rent to be met yearly, this is usually not a exorbitant figure, say approximately £50-£100 but you need to enquire as sometimes it can be many hundreds of pounds.