I am on look out for some leasehold conveyancing in Didsbury. Before diving in I require certainty as to the unexpired term of the lease.

If the lease is recorded at the land registry - and most are in Didsbury - 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.

Having checked my lease I have discovered that there are only 62 years remaining on my flat in Didsbury. I need to get lease extension but my freeholder is absent. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have done all that could be expected to locate the freeholder. For most situations an enquiry agent may be helpful to carry out a search and to produce a report which can be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor in relation to proving the landlord’s absence and the vesting order request to the County Court covering Didsbury.

I’m about to sell my basement flat in Didsbury.Conveyancing has not commenced but I have just received a half-yearly maintenance charge demand – what should I do?

It best that you clear 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 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. Having a clear account will assist your cause and will leave you no worse off financially.

I've found a house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have since been informed that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Didsbury. Conveyancing advisers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Didsbury ?

The majority of houses in Didsbury are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are buying in Didsbury so you should seriously consider looking for a Didsbury conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the landlord’sconsent to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the communal areas where the house is located on an estate. Your lawyer will advise you fully on all the issues.

Last month I purchased a leasehold flat in Didsbury. Do I have any liability for service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, 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 ensure 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).

Didsbury Leasehold Conveyancing - A selection of Questions you should consider before buying

On the whole the cost for major works are not included within service charges, although there some managing agents in Didsbury ask tenants to contribute towards a sinking fund and this is used to offset against major repairs or maintenance. Plenty Didsbury leasehold properties will be liable to pay a service charge for the upkeep of the block set on behalf of the management company. Where you purchase the apartment you will have to pay this contribution, normally periodically during the year. This may vary from several hundred pounds to thousands of pounds for blocks with lifts and large common grounds. There will also be a rentcharge for you to pay annual, normally this is not a exorbitant amount, say approximately £25-£75 but you need to enquire as sometimes it can be prohibitively expensive. Is anyone aware of any major works on the horizon that will increase the maintenance costs?

Other Topics

Lease Extensions in Didsbury