I have recently realised that I have Sixty One years unexpired on my flat in Royton. I now want to extend my lease 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 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. You will be obliged to demonstrate that you have done all that could be expected to locate the lessor. For most situations a specialist may be helpful to try and locate and to produce a report which can be used as proof that the freeholder 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 covering Royton.

Planning to sign contracts shortly on a garden flat in Royton. Conveyancing solicitors assured me that they are sending me a report next week. Are there areas in the report that I should be focusing on?

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

• The unexpired lease term You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark

The total extent of the demise. This will be the flat itself but might include a roof space or basement if appropriate.

Are pets allowed in the flat?

You should have a good understanding of the insurance provisions

Changes to the flat (alterations and additions)

What you can do if a neighbour breach a clause of their lease?

What the implications are if you breach a clause of your lease? For a comprehensive list of information to be included in your report on your leasehold property in Royton please ask your solicitor in ahead of your conveyancing in Royton

I today plan to offer on a house that seems to be perfect, at a reasonable price which is making it all the more appealing. I have just found out that it's a leasehold rather than freehold. I am assuming that there are issues buying a leasehold house in Royton. Conveyancing advisers have are about to be instructed. Will they explain the issues?

Most houses in Royton are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. it is apparent that you are purchasing in Royton in which case you should be shopping around for a Royton conveyancing solicitor and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’spermission to conduct alterations. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the property is part of an estate. Your lawyer will appraise you on the various issues.

I've recently bought a leasehold property in Royton. Am I liable to pay 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. It is an essential part of leasehold conveyancing for your conveyancer to ensure 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).

Completion in due on the disposal of our £225000 apartment in Royton on Thursday in a week. The managing agents has quoted £396 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Royton?

For most leasehold sales in Royton conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering pre-exchange enquiries
• Where consent is required before sale in Royton
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Royton leasehold premises is £350. For Royton conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply the information.

Royton Leasehold Conveyancing - A selection of Questions you should consider Prior to Purchasing

How is the lease structured? It would be sensible to find out as much as you can concerning the company managing the block as they will either make your life much simpler or much more difficult. Being a leasehold owner you are frequently at the mercy of the managing agents both financially and when it comes to daily issues like the tidiness of the common parts. You should not be afraid to ask other people whether they are happy with them. In conclusion, find out the dates that the maintenance charges are due to the relevant party and specifically what you get for your money. Make sure you enquire if there are any onerous prohibitions in the lease. For example it is very common in Royton leases that pets are not permitted in certain buildings in Royton. If you love the propertyin Royton but your cat is not allowed to live with you then you will be faced hard compromise.

Other Topics

Lease Extensions in Royton