I am attracted to a couple of apartments in Cockermouth which have approximately fifty years remaining on the lease term. Should I regard a short lease as a deal breaker?

There are no two ways about it. A leasehold flat in Cockermouth is a deteriorating asset as a result of the reducing lease term. The closer the lease gets to zero years unexpired, the more it reduces the value of the property. The majority of purchasers and mortgage companies, leases with under 75 years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Cockermouth conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Last month I purchased a leasehold house in Cockermouth. Am I liable to pay service charges for periods before my ownership?

In a situation 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 be sure 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).

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

If you are instructing a solicitor for your lease extension (regardless if they are a Cockermouth conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Cockermouth conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:

• If the firm is not ALEP accredited then what is the reason?

What are the costs for lease extension work?

Can you provide any advice for leasehold conveyancing in Cockermouth with the aim of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Cockermouth 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 which will be required by the buyers lawyers.
• Many landlords or managing agents in Cockermouth charge for supplying management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Cockermouth.

In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Cockermouth leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such alterations. Where you fail to have the approvals in place you should not contact the landlord without contacting your solicitor before hand.

If you are supposed to have a share in the freehold, you should make sure that you have the original share document. Organising a replacement share certificate is often a time consuming process and frustrates many a Cockermouth conveyancing transaction. Where a new share is needed, do contact the company director and secretary or managing agents (if applicable) for this as soon as possible.

You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check by asking your solicitors. A buyer’s lawyer will be unlikely to recommend their client to where the lease term is less than 75 years. It is therefore important at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

Completion in due on our sale of a £475000 garden flat in Cockermouth next Thursday . The managing agents has quoted £336 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Cockermouth?

Cockermouth conveyancing on leasehold flats usually results in administration charges levied by freeholders :

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

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Cockermouth leasehold premises is £350. For Cockermouth 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 supply answers.

Cockermouth Leasehold Conveyancing - Examples of Questions you should consider Prior to Purchasing

It is important to be aware if window replacement or some other major work is coming up that will be shared amongst the leasehold owners and could well dramatically impact the level of the service costs or require a specific invoice. What is the the remaining lease term? What restrictions are contained in the Cockermouth Lease?

Other Topics

Lease Extensions in Cockermouth