There are only Seventy years remaining on my lease in Ashton In Makerfield. I need to get lease extension but my freeholder is missing. What options are available to me?

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 granted an extra 90 years by the Court. You will be obliged to prove that you have done all that could be expected to find the freeholder. For most situations an enquiry agent may be helpful to conduct investigations and to produce 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 absence and the application to the County Court overseeing Ashton In Makerfield.

Looking forward to exchange soon on a studio apartment in Ashton In Makerfield. Conveyancing solicitors assured me that they will have a report out to me on Monday. What should I be looking out for?

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

• Defining your rights in relation to the communal areas in the block.For instance, does the lease permit a right of way over a path or hallways?
• Does the lease prohibit wood flooring?
• Does the lease prevent you from subletting the property, or having a home office for business
• Whether your lease has a provision for a reserve fund?
• Repair and maintenance of the flat
• Changes to the flat (alterations and additions)
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?

I've found a house that seems to meet my requirements, at a great figure which is making it more attractive. I have subsequently discovered that it's a leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Ashton In Makerfield. Conveyancing solicitors have not yet been instructed. Will they explain the issues?

The majority of houses in Ashton In Makerfield are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Ashton In Makerfield in which case you should be shopping around for a Ashton In Makerfield 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 unexpired lease term. Being a tenant you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example obtaining the landlord’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the property is located on an estate. Your solicitor should report to you on the legal implications.

I am a negotiator for a busy estate agent office in Ashton In Makerfield where we have witnessed a number of leasehold sales put at risk as a result of short leases. I have been given inconsistent advice from local Ashton In Makerfield conveyancing firms. Please can you shed some light as to whether the owner of a flat can initiate the lease extension process for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

What are your top tips when it comes to choosing a Ashton In Makerfield conveyancing firm to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a Ashton In Makerfield conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Ashton In Makerfield conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

• What volume of lease extensions has the firm completed in Ashton In Makerfield in the last 12 months?
• What are the charges for lease extension work?

Ashton In Makerfield Leasehold Conveyancing - A selection of Queries before buying

The best form of lease arrangement is if the freehold title is in the ownership of the leaseholders. In this arrangement the tenants enjoy being in charge if their destiny and notwithstanding that a managing agent is frequently employed if it is larger than a house conversion, the managing agent acts for the leaseholders themselves. Generally speaking the cost for major works are not incorporated into the service charges, albeit that some managing agents in Ashton In Makerfield obliged leasehold owners to pay into a reserve fund and this is used to offset against larger works.