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

If the lease is registered - and 99.9% are in Filton - 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.

I have recently realised that I have 62 years left on my lease in Filton. I am keen to get lease extension but my freeholder is absent. What are my options?

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 extended by the Court. You will be obliged to demonstrate that you have done all that could be expected to locate the landlord. In some cases an enquiry agent should be helpful to conduct investigations and to produce a report to be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to proving the landlord’s absence and the application to the County Court overseeing Filton.

Planning to complete next month on a studio apartment in Filton. Conveyancing solicitors inform me that they will have a report out to me tomorrow. What should I be looking out for?

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

• The unexpired lease term You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
• Defining your rights in relation to the communal areas in the building.For example, does the lease provide for a right of way over a path or hallways?
• Will you be prohibited or prevented from having pets in the property?
• Whether your lease has a provision for a reserve fund?
• The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building

I've recently bought a leasehold flat in Filton. Am I liable to pay service charges relating to a period prior to completion of my purchase?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element 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).

Do you have any advice for leasehold conveyancing in Filton with the purpose of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Filton can be bypassed where you instruct lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the buyers conveyancers.
• The majority landlords or managing agents in Filton levy fees for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Filton.
• If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example installed wooden flooring? Filton leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord approving such changes. Should you fail to have the paperwork to hand you should not communicate with the landlord without contacting your conveyancer in advance.
• If you have had any disputes with your landlord or managing agents it is very important that these are settled before the property is marketed. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to present the dispute as historic as opposed to unsettled.
• If you hold a share in a the freehold, you should ensure that you are holding the original share certificate. Organising a new share certificate can be a lengthy process and slows down many a Filton home move. If a new share certificate is necessary, do contact the company officers or managing agents (where relevant) for this at the earliest opportunity.

Filton Leasehold Conveyancing - Examples of Questions you should ask Prior to buying

This information is important as a) areas can cause problems in the building as the common areas may begin to deteriorate if maintenance remain unpaid b) if the tenants have an issue with the managing agents you will wish to know about it