I am in need of some leasehold conveyancing in Eaglescliffe. 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 most are in Eaglescliffe - 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.

I have recently realised that I have 72 years remaining on my flat in Eaglescliffe. I now wish to extend my lease but my freeholder is missing. What options are available to me?

On the basis that 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 lengthened by the magistrate. However, you will be required to prove that you have done all that could be expected to track down the landlord. In some cases an enquiry agent should be useful to carry out a search and to produce an expert document to be used as proof that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on investigating the landlord’s disappearance and the application to the County Court overseeing Eaglescliffe.

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 more attractive. I have just found out that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a leasehold house in Eaglescliffe. Conveyancing lawyers have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Eaglescliffe ?

Most houses in Eaglescliffe are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Eaglescliffe so you should seriously consider shopping around for a Eaglescliffe conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’spermission to conduct changes to the property. It may be necessary to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your lawyer will advise you fully on all the issues.

I am employed by a reputable estate agent office in Eaglescliffe where we have experienced a number of leasehold sales put at risk as a result of short leases. I have received contradictory information from local Eaglescliffe conveyancing solicitors. Could you clarify whether the seller of a flat can instigate the lease extension process for the purchaser on completion of the sale?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

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 Eaglescliffe conveyancing practice to carry out our lease extension conveyancing?

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

• How experienced is the firm with lease extension legislation?

Leasehold Conveyancing in Eaglescliffe - Sample of Questions you should consider Prior to buying

The prefered form of lease arrangement is a share of the freehold. In this arrangement the leaseholders benefit from control and notwithstanding that a managing agent is often employed where the building is bigger than a house conversion, the managing agent retained by the leaseholders. Where a Eaglescliffe lease has fewer than eighty years it will have adverse implications on the salability of the apartment. Check with your mortgage company that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining means that you will almost definitely have to extend the lease sooner rather than later and you need to have some idea of how much this would cost. For most Eaglescliffelease extensions you will be required to have owned the residence for 24 months before you are legally able to exercise a lease extension. You should want to discover as much as you can regarding the managing agents as they will either make your life much simpler or uncomfortable. As the proprietor of a leasehold property you are often in the clutches of the managing agents both financially and when it comes to daily matters like the cleanliness of the common parts. Enquire of prospective neighbours if they are happy with them. On a final note, be sure you understand the dates that you are obliged pay the maintenance charge to the relevant party and specifically what you get for your money.

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Lease Extensions in Eaglescliffe