I only have Seventy years unexpired on my flat in Denton. I now want to get lease extension but my freeholder is can not be found. What should I do?

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 for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. You will be obliged to prove that you or your lawyers have used your best endeavours to track down the landlord. For most situations an enquiry agent would be helpful to conduct investigations and to produce an expert document to be used as evidence that the landlord can not be located. It is advisable to get professional help from a solicitor both on proving the landlord’s disappearance and the application to the County Court overseeing Denton.

I’m about to sell my basement apartment in Denton.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?

It best that you pay the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I own a leasehold flat in Denton. Conveyancing and Alliance & Leicester mortgage organised. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1994. The conveyancing practitioner in Denton who acted for me is not around.What should I do?

First make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Denton conveyancing practitioner to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I work for a long established estate agency in Denton where we have experienced a few leasehold sales derailed as a result of short leases. I have been given contradictory information from local Denton conveyancing solicitors. Can you confirm whether the seller of a flat can start the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. 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 sale.

Alternatively, it may be possible 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.

Can you offer any advice when it comes to appointing a Denton conveyancing practice to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Denton conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Denton conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:

• How familiar is the firm with lease extension legislation?

Denton Leasehold Conveyancing - Examples of Queries Prior to buying

It would be sensible to find out as much as you can about the company managing the building as they can either make living at the property much easier or much more difficult. Being a leasehold owner you are frequently in the clutches of the managing agents both financially and when it comes to day to day issues such as the upkeep of the communal areas. Enquire of other tenants if they are happy with their service. On a final note, be sure you understand the dates that the maintenance charges are due to the appropriate party and specifically what it includes. Generally speaking the outlay for major works tend not to be incorporated into the service charges, albeit that some managing agents in Denton require tenants to contribute towards a reserve fund and this is used to offset against larger works. This information is useful as a) areas could cause problems for the block as the common areas may begin to deteriorate if repairs remain unpaid b) if the tenants have a dispute with the managing agents you will want to have complete disclosure

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Lease Extensions in Denton