I have recently realised that I have 68 years remaining on my lease in Ewloe. I am keen 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 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 granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to find the lessor. For most situations an enquiry agent should be helpful to carry out a search and prepare a report to be used as proof that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Ewloe.

I have just appointed agents to market my 2 bed apartment in Ewloe.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly service 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. 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 seems to tick a lot of boxes, at a great figure which is making it more attractive. I have since found out that it's a leasehold as opposed to freehold. I would have thought that there are issues purchasing a house with a leasehold title in Ewloe. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Ewloe ?

Most houses in Ewloe are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Ewloe in which case you should be looking for a Ewloe conveyancing solicitor and check that they are used to advising on leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’spermission to conduct alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the property is located on an estate. Your conveyancer should report to you on the legal implications.

My wife and I purchased a leasehold flat in Ewloe. Conveyancing and Britannia mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Ewloe who previously acted has now retired.Do I pay?

The first thing you should do is contact the Land Registry to be sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Ewloe conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I've recently bought a leasehold house in Ewloe. Do I have any liability for service charges for periods before completion of my purchase?

In a situation 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. A critical element of leasehold conveyancing for your conveyancer to be sure 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).

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

Most Ewloe leasehold flats will be liable to pay a service charge for the upkeep of the block invoiced by the freeholder. Should you acquire the flat you will have to pay this contribution, normally in instalments accross the year. This can differ from a couple of hundred pounds to thousands of pounds for blocks with lifts and large communal areas. There will also be a rentcharge for you to pay annual, normally this is not a significant figure, say approximately £25-£75 but you need to enquire it because occasionally it can be prohibitively expensive. You should be aware if it is fewer than 80 years it will have adverse implications on the marketability of the flat. It is worth checking with your mortgage company that they are willing to lend given the lease term. A short lease means that you will almost definitely need a lease extension sooner rather than later and it is worth discovering how much this will be. For most Ewloelease extensions you will need to own the residence for a couple of years before you are legally able to carry out a lease extension. It is important to be aware whether a new roof is being put on or some other significant cost is coming up that will be shared amongst the leaseholders and will dramatically impact the level of the maintenance costs or result in a specific invoice.

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Lease Extensions in Ewloe