I have recently realised that I have Seventy years unexpired on my lease in Ashbourne. I now wish to extend my lease but my freeholder is can not be found. What are my options?

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 mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to find the freeholder. In some cases an enquiry agent may be useful to carry out a search and prepare a report to be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Ashbourne.

Due to exchange soon on a basement flat in Ashbourne. Conveyancing lawyers assured me that they report fully on Monday. Are there areas in the report that I should be focusing on?

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

• The physical extent of the demise. This will be the property itself but could also incorporate a roof space or basement if applicable.
• Setting out your legal entitlements in relation to common areas in the building.For example, does the lease provide for a right of way over a path or staircase?
• Does the lease require carpeting throughout thus preventing wood flooring?
• Whether the lease restricts you from renting out the flat, or working from home
• Repair and maintenance of the flat
• Changes to the flat (alterations and additions)
• What the implications are if you breach a clause of your lease?

I've found a house that appears to be perfect, at a reasonable figure which is making it more attractive. I have since discovered that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a leasehold house in Ashbourne. Conveyancing advisers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Ashbourne ?

Most houses in Ashbourne are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Ashbourne so you should seriously consider looking for a Ashbourne conveyancing solicitor and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your conveyancer should report to you on the legal implications.

What advice can you give us when it comes to appointing a Ashbourne conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a property lawyer for lease extension works (regardless if they are a Ashbourne conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Ashbourne conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:

• How experienced is the firm with lease extension legislation?
• What are the charges for lease extension work?

What are the common deficiencies that you see in leases for Ashbourne properties?

Leasehold conveyancing in Ashbourne is not unique. All leases is drafted differently and drafting errors can sometimes mean that certain provisions 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 premises
• A duty to insure the building
• 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

You will have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Nationwide Building Society, Coventry Building Society, and Barclays Direct 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 defective they may refuse to provide security, forcing the purchaser to pull out.

Leasehold Conveyancing in Ashbourne - Examples of Questions you should consider before buying

What is the annual maintenance fee and ground rent?