I am on look out for some leasehold conveyancing in Frodsham. Before I get started I want to be sure as to the number of years remaining on the lease.

If the lease is recorded at the land registry - and almost all are in Frodsham - 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.

Estate agents have just been given the go-ahead to market my basement apartment in Frodsham.Conveyancing is yet to be initiated but I have just received a half-yearly maintenance charge invoice – what should I do?

It best that you discharge 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 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. This will smooth the conveyancing process.

I work for a long established estate agency in Frodsham where we see a number of leasehold sales put at risk as a result of leases having less than 80 years remaining. I have been given contradictory information from local Frodsham conveyancing solicitors. Could you shed some light as to whether the owner of a flat can instigate the lease extension process for the buyer?

Provided that the seller has been the owner 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 can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder 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.

Do you have any top tips for leasehold conveyancing in Frodsham with the aim of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Frodsham can be reduced where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information needed by the buyers lawyers.
• The majority freeholders or managing agents in Frodsham charge for supplying management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Frodsham.
• In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Frodsham leases often stipulate that internal structural alterations or laying down wooden flooring require a licence from the Landlord acquiescing to such works. Should you fail to have the paperwork in place you should not communicate with the landlord without contacting your conveyancer in advance.
• If there is a history of conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers 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 resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is clearly preferable to present the dispute as over as opposed to unresolved.
• If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share document. Arranging a new share certificate can be a time consuming formality and frustrates many a Frodsham conveyancing deal. If a duplicate share certificate is needed, you should approach the company officers or managing agents (where applicable) for this as soon as possible.

When it comes to leasehold conveyancing in Frodsham what are the most frequent lease problems?

Leasehold conveyancing in Frodsham is not unique. Most leases are unique and drafting errors can sometimes mean that certain clauses are not included. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the premises
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Bank of Scotland, and Britannia all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the buyer to pull out.

Frodsham Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to Purchasing

Are there any major works anticipated that will likely add a premium to the service costs? Is there a share of the freehold?