I am on look out for some leasehold conveyancing in Ashton. Before I get started I want to be sure as to the remaining lease term.

If the lease is recorded at the land registry - and almost all are in Ashton - then the leasehold title will always include the short particulars 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.

I have recently realised that I have 72 years unexpired on my lease in Ashton. I now want to get lease extension but my freeholder is absent. 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 apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to find the lessor. For most situations an enquiry agent may be useful to conduct investigations and prepare a report to be accepted by the court as evidence that the landlord is indeed missing. It is wise to seek advice from a conveyancer both on proving the landlord’s absence and the vesting order request to the County Court overseeing Ashton.

Can you offer any advice when it comes to finding a Ashton conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Ashton conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Ashton conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

• What volume of lease extensions have they carried out in Ashton in the last twenty four months?

What are the charges for lease extension work?

Do you have any top tips for leasehold conveyancing in Ashton with the aim of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Ashton can be bypassed where you get in touch lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information which will be required by the buyers conveyancers.
• Many landlords or Management Companies in Ashton charge for providing management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Ashton.

If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example installed wooden flooring? Ashton leases often stipulate that internal structural changes or addition of wooden flooring require a licence issued by the Landlord acquiescing to such changes. Where you fail to have the approvals to hand do not communicate with the landlord without checking with your lawyer in the first instance.

If you hold a share in a the Management Company, you should ensure that you hold the original share document. Obtaining a new share certificate can be a lengthy formality and delays many a Ashton conveyancing deal. Where a reissued share certificate is necessary, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this via your lawyers. A purchaser's lawyer will be unlikely to recommend their client to where the remaining number of years is below 80 years. In the circumstances it is important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £325000 flat in Ashton in just under a week. The landlords agents has quoted £300 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Ashton?

For the majority of leasehold sales in Ashton conveyancing will involve, questions about 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 Ashton
• 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 Ashton leasehold premises is £350. For Ashton 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 required to provide answers.

I purchased a 1st floor flat in Ashton, conveyancing was carried out 2007. Can you let me have an estimated range of the fair premium for a lease extension? Equivalent flats in Ashton with a long lease are worth £210,000. The average or mid-range amount of ground rent is £60 per annum. The lease ends on 21st October 2096

With only 71 years unexpired we estimate the premium for your lease extension to be between £8,600 and £9,800 plus plus your own and the landlord's "reasonable" professional fees.

The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of comprehensive due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt other 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 getting professional advice.

Other Topics

Lease Extensions in Ashton