Having checked my lease I have discovered that there are only Fifty years left on my flat in Egremont. I need to extend my lease but my freeholder is missing. 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 for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. However, you will be required to demonstrate that you have made all reasonable attempts to track down the landlord. For most situations a specialist would be helpful to carry out a search and prepare a report to be accepted by the court as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to investigating the landlord’s absence and the application to the County Court overseeing Egremont.

I’m about to sell my ground floor apartment in Egremont.Conveyancing lawyers have not yet been instructed but I have just received a quarterly service charge demand – Do I pay up?

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 management companies 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 hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable figure which is making it more attractive. I have subsequently discovered that the title is leasehold rather than freehold. I would have thought that there are issues buying a leasehold house in Egremont. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Egremont ?

The majority of houses in Egremont are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Egremont so you should seriously consider shopping around for a Egremont conveyancing solicitor and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’spermission to conduct changes to the property. You may also be required to pay a service charge towards the maintenance of the estate where the house is located on an estate. Your lawyer will appraise you on the various issues.

I own a leasehold flat in Egremont. Conveyancing and Virgin Money mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Egremont who previously acted has now retired.What should I do?

First contact the Land Registry to be sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to instruct a Egremont conveyancing practitioner to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What are your top tips when it comes to finding a Egremont conveyancing practice to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Egremont conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Egremont 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:

• How familiar is the practice with lease extension legislation?
• What volume of lease extensions have they completed in Egremont in the last 12 months?

Egremont Leasehold Conveyancing - Sample of Questions you should ask Prior to Purchasing

Is the freehold reversion owned collectively by the leaseholders? What prohibitions are contained in the Egremont Lease? It would be wise to discover as much as you can regarding the company managing the block as they will either make life much simpler or problematic. Being a leasehold owner you are frequently in the clutches of the managing agents both financially and when it comes to practical issues such as the upkeep of the common parts. Don't be shy to ask other people what they think of their management. On a final note, be sure you discover the dates that you are obliged pay the maintenance charge to the managing agents and precisely how they are spending the funds.