I am hoping to put an offer on a small detached house that seems to be perfect, at a great price which is making it all the more appealing. I have subsequently discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Darwen. Conveyancing advisers have not yet been appointed. Will they explain the issues?

The majority of houses in Darwen are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Darwen so you should seriously consider shopping around for a Darwen conveyancing practitioner and be sure that they are used to advising on leasehold houses. First 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’spermission to conduct alterations. You may also be required to pay a contribution towards the maintenance of the estate where the property is part of an estate. Your solicitor should appraise you on the various issues.

My wife and I purchased a leasehold flat in Darwen. Conveyancing and Barclays mortgage organised. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Darwen who acted for me is not around.Any advice?

First make enquiries of HMLR to be sure that the individual claiming to own the freehold is indeed the new freeholder. There is no need to instruct a Darwen conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am looking at a couple of flats in Darwen which have about fifty years remaining on the leases. should I be concerned?

There is no doubt about it. A leasehold apartment in Darwen is a wasting asset as a result of the shortening lease. The nearer the lease gets to zero years unexpired, the more it adversely affects the salability of the property. For most purchasers and mortgage companies, leases with under eighty 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 premises 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 Darwen conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed 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.

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

When appointing a solicitor for your lease extension (regardless if they are a Darwen conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Darwen conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• What volume of lease extensions have they conducted in Darwen in the last 12 months?
• Can they put you in touch with client in Darwen who can give a testimonial?

Can you provide any top tips for leasehold conveyancing in Darwen with the aim of expediting the sale process?

• Much of the delay in leasehold conveyancing in Darwen can be bypassed where you instruct lawyers the minute your agents start marketing the property and request that they start to collate the leasehold documentation which will be required by the buyers representatives.
• Many freeholders or managing agents in Darwen levy fees for providing management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Darwen.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Darwen leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence from the Landlord approving such changes. Where you fail to have the paperwork to hand you should not communicate with the landlord without checking with your lawyer first.
• If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share certificate. Obtaining a new share certificate is often a time consuming process and slows down many a Darwen home move. If a duplicate share is necessary, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible.
• You believe that you know the number of years remaining on your lease but it would be advisable double-check via your conveyancers. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is under 80 years. In the circumstances it is 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 premises on the market for sale.

Darwen Conveyancing for Leasehold Flats - Sample of Questions you should consider before Purchasing

How many years remain on the lease? Generally speaking the outlay for major works are not wrapped into the service charges, although there some managing agents in Darwen obliged leasehold owners to contribute towards a reserve fund created for the specific purpose of establishing a fund for major repairs or maintenance.