There are only 62 years left on my flat in Milnthorpe. I am keen to get lease extension but my freeholder is absent. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to find the landlord. For most situations a specialist would be useful to carry out a search and prepare a report to be used as proof that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s disappearance and the application to the County Court overseeing Milnthorpe.

Looking forward to sign contracts shortly on a leasehold property in Milnthorpe. Conveyancing solicitors inform me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Milnthorpe should include some of the following:

• The total extent of the premises. This will be the property itself but may include a roof space or basement if applicable.
• Defining your rights in relation to common areas in the building.By way of example, does the lease grant a right of way over a path or hallways?
• Are you allowed to have a pet in the flat?
• Does the lease prevent you from letting out the flat, or having a home office for business
• You should have a good understanding of the insurance provisions
• Repair and maintenance of the flat
• What you can do if a neighbour is in violation of a provision in their lease?

I own a leasehold flat in Milnthorpe. Conveyancing and Leeds Building Society mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Milnthorpe who acted for me is not around.Do I pay?

First contact the Land Registry to be sure that this person is indeed the new freeholder. There is no need to incur the fees of a Milnthorpe conveyancing practitioner to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I've recently bought a leasehold house in Milnthorpe. Do I have any liability for service charges for periods before my ownership?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Are there common deficiencies that you come across in leases for Milnthorpe properties?

Leasehold conveyancing in Milnthorpe is not unique. All leases are unique and legal mistakes in the legal wording can result in certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain parts of the property
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Leeds Building Society, and Godiva Mortgages Ltd all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the purchaser to withdraw.

I inherited a garden flat in Milnthorpe, conveyancing formalities finalised 4 years ago. Can you please calculate a probable premium for a statutory lease extension? Comparable properties in Milnthorpe with a long lease are worth £243,000. The ground rent is £55 levied per year. The lease expires on 21st October 2086

With 60 years left to run we estimate the premium for your lease extension to range between £20,900 and £24,200 as well as professional fees.

The figure that we have given is a general guide to costs for renewing a lease, but we are not able to supply a more accurate figure in the absence of comprehensive due diligence. Do not use the figures in a Notice of Claim or as an informal offer. There may be other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before seeking the advice of a professional.