I am in need of some leasehold conveyancing in Denton. Before I get started I would like to find out the number of years remaining on the lease.

If the lease is registered - and 99.9% are in Denton - then the leasehold title will always include the short particulars 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.

There are only 62 years unexpired on my flat in Denton. I need to extend my lease but my freeholder is absent. 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 submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to find the freeholder. On the whole an enquiry agent may be helpful to try and locate and to produce an expert document to be accepted by the court as proof that the landlord can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s absence and the application to the County Court covering Denton.

Expecting to exchange soon on a ground floor flat in Denton. Conveyancing solicitors inform me that they report fully next week. What should I be looking out for?

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

• The unexpired lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
• Are pets allowed in the flat?
• Whether the lease restricts you from letting out the property, or working from home
• You should have a good understanding of the insurance provisions
• Repair and maintenance of the flat
• Responsibility for repairing the window frames

I’m about to sell my garden apartment in Denton.Conveyancing lawyers have not yet been instructed but I have just received a yearly maintenance charge invoice – Do I pay up?

The sensible thing to do is pay the invoice 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 managing agents will not acknowledge the buyer unless 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. Having a clear account will assist your cause and will leave you no worse off financially.

I am employed by a reputable estate agent office in Denton where we have experienced a number of flat sales jeopardised due to short leases. I have been given conflicting advice from local Denton conveyancing firms. Please can you clarify whether the owner of a flat can instigate the lease extension formalities 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 commence 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 prior to, or simultaneously with 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 purchaser.

Denton Leasehold Conveyancing - A selection of Queries before Purchasing

The best form of lease structure is where the freehold reversion is in the ownership of the leaseholders. In this situation the tenants enjoy control and even though a managing agent is usually employed where it is larger than a house conversion, the managing agent is directed by the tenants. You will want to find out as much as possible concerning the company managing the block as they will impact your use and enjoyment of the property. As the owner of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to daily issues like the upkeep of the common parts. Enquire of prospective neighbours what they think of them. Finally, find out the dates that you are obliged pay the service charge to the appropriate party and precisely how they are spending that money.