I am on look out for some leasehold conveyancing in Consett. Before I get started I require certainty as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and almost all are in Consett - then the leasehold title will always include the basic details 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.

Helen (my wife) and I may need to rent out our Consett garden flat for a while due to a career opportunity. We used a Consett conveyancing practice in 2004 but they have since shut and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

The lease dictates relations between the freeholder and you the flat owner; specifically, it will indicate if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Consett do not prevent an absolute prevention of subletting – such a clause would adversely affect the market value the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

I only have Seventy years remaining on my lease in Consett. I am keen to get lease extension but my freeholder is missing. What should I do?

If 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 mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to prove that you or your lawyers have done all that could be expected to track down the freeholder. In some cases an enquiry agent should be useful to try and locate and to produce an expert document to be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s disappearance and the application to the County Court covering Consett.

What advice can you give us when it comes to choosing a Consett conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a Consett conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Consett conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• If they are not ALEP accredited then why not?
• Can they put you in touch with client in Consett who can give a testimonial?

Can you provide any top tips for leasehold conveyancing in Consett with the intention of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Consett can be avoided where you appoint lawyers the minute you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ representatives.
• Many freeholders or managing agents in Consett charge for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Consett.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Most leases in Consett state that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord acquiescing to such changes. Should you fail to have the consents in place you should not contact the landlord without checking with your solicitor in the first instance.
• Some Consett leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their solicitors.
• If you have the benefit of shareholding in the freehold, you should make sure that you have the original share document. Obtaining a new share certificate can be a lengthy process and frustrates many a Consett conveyancing transaction. Where a duplicate share is necessary, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

I inherited a leasehold flat in Consett, conveyancing formalities finalised half a dozen years ago. Can you give me give me an indication of the likely cost of a lease extension? Corresponding properties in Consett with over 90 years remaining are worth £242,000. The average or mid-range amount of ground rent is £45 charged once a year. The lease terminates on 21st October 2103

You have 77 years left to run we estimate the premium for your lease extension to range between £11,400 and £13,200 plus legals.

The figure above a general guide to costs for renewing a lease, but we are not able to supply the actual costs in the absence of comprehensive due diligence. Do not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before getting professional advice.