There are only 72 years unexpired on my flat in Penzance. I now wish to extend my lease but my freeholder is missing. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to find the freeholder. In some cases an enquiry agent would be useful to conduct investigations and prepare a report which can be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s absence and the vesting order request to the County Court overseeing Penzance.

Expecting to sign contracts shortly on a garden flat in Penzance. Conveyancing solicitors inform me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

• Defining your legal entitlements in respect of common areas in the building.By way of example, does the lease grant a right of way over a path or staircase?
• Are you allowed to have a pet in the flat?
• An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
• Changes to the flat (alterations and additions)
• I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
• Responsibility for repairing the window frames
• What you can do if a neighbour breach a clause of their lease?

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have subsequently discovered that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a leasehold house in Penzance. Conveyancing solicitors have not yet been instructed. Will they explain the issues?

Most houses in Penzance are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Penzance so you should seriously consider looking for a Penzance conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’spermission to conduct alterations. You may also be required to pay a maintenance charge towards the maintenance of the estate where the house is located on an estate. Your solicitor will report to you on the legal implications.

What advice can you give us when it comes to appointing a Penzance conveyancing practice to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a Penzance conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Penzance conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• Can they put you in touch with client in Penzance who can give a testimonial?
• What are the charges for lease extension conveyancing?

Do you have any advice for leasehold conveyancing in Penzance from the point of view of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Penzance can be avoided if you get in touch lawyers as soon as you market your property and request that they start to put together the leasehold information needed by the buyers representatives.
• Many freeholders or Management Companies in Penzance charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Penzance.
• If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Penzance state that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord acquiescing to such changes. Should you dont have the paperwork in place do not contact the landlord without contacting your solicitor in advance.
• If there is a history of conflict 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 flat where a dispute is ongoing. You may have to bite the bullet and pay any arrears of service charge or settle 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 purchasers, but it is better to present the dispute as over rather than ongoing.
• If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share document. Arranging a new share certificate is often a lengthy process and delays many a Penzance home move. Where a new share is necessary, you should approach the company director and secretary or managing agents (if applicable) for this as soon as possible.

I bought a leasehold flat in Penzance, conveyancing was carried out 2008. How much will my lease extension cost? Similar flats in Penzance with a long lease are worth £179,000. The average or mid-range amount of ground rent is £55 yearly. The lease finishes on 21st October 2106

With only 80 years unexpired the likely cost is going to span between £9,500 and £11,000 plus legals.

The suggested premium range above a general guide to costs for extending a lease, but we are not able to supply a more accurate figure in the absence of comprehensive investigations. You should not use this information in tribunal or court proceedings. There may be additional issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before seeking the advice of a professional.