Fixed-fee leasehold conveyancing in Frodsham:

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Questions and Answers: Frodsham leasehold conveyancing

Having checked my lease I have discovered that there are only Seventy years left on my lease in Frodsham. I now want to get lease extension but my landlord is can not be found. What are my options?

If you meet the appropriate requirements, 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 enable the lease to be lengthened by the magistrate. You will be obliged to prove that you or your lawyers have done all that could be expected to locate the landlord. For most situations a specialist may be helpful to conduct investigations and to produce an expert document which can be used as proof that the landlord can not be located. It is wise to seek advice from a solicitor in relation to proving the landlord’s absence and the vesting order request to the County Court overseeing Frodsham.

You should [be sent a copy of the lease|receive a copy of the lease]

Expecting to complete next month on a leasehold property in Frodsham. Conveyancing solicitors have said that they will have a report out to me within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Frodsham should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Defining your legal entitlements in relation to the communal areas in the building.E.G., does the lease provide for a right of way over an accessway or staircase?
  • Are pets allowed in the flat?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Whether your lease has a provision for a reserve fund?
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • Responsibility for repairing the window frames
For details of the information to be contained in your report on your leasehold property in Frodsham please ask your solicitor in advance of your conveyancing in Frodsham

I've found a house that appears to meet my requirements, at a great figure which is making it more attractive. I have just found out that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a leasehold house in Frodsham. Conveyancing solicitors have not yet been instructed. Will they explain the issues?

The majority of houses in Frodsham are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Frodsham in which case you should be shopping around for a Frodsham conveyancing solicitor and check that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your lawyer will appraise you on the various issues.

Back In 2007, I bought a leasehold house in Frodsham. Conveyancing and Lloyds TSB Bank mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Frodsham who previously acted has now retired.Any advice?

The first thing you should do is make enquiries of the Land Registry to make sure that this person is indeed the new freeholder. You do not need to incur the fees of a Frodsham conveyancing solicitor to do this as it can be done on-line for £3. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Do you have any advice for leasehold conveyancing in Frodsham with the intention of speeding up the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Frodsham can be bypassed where you instruct lawyers as soon as you market your property and ask them to put together the leasehold information which will be required by the buyers representatives.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Frodsham state that internal structural changes or addition of wooden flooring calls for a licence from the Landlord approving such changes. Where you dont have the approvals to hand do not communicate with the landlord without contacting your solicitor in the first instance.
  • A minority of Frodsham leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • If you hold a share in a the Management Company, you should ensure that you have the original share document. Obtaining a re-issued share certificate can be a lengthy formality and frustrates many a Frodsham home move. Where a reissued share certificate is required, you should approach the company director and secretary or managing agents (if applicable) for this sooner rather than later.
  • You believe that you know the number of years left on your lease but it would be wise to double-check by asking your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is below 75 years. It is therefore important at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

Frodsham Leasehold Conveyancing - Examples of Questions you should consider Prior to buying

    Plenty Frodsham leasehold apartments will have a service charge for maintenance of the building levied on behalf of the landlord. Should you acquire the flat you will have to meet this amount, usually in instalments during the year. This could vary from two or three hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. In all likelihood there will be a rentcharge for you to pay yearly, this is usually not a exorbitant sum, say approximately £25-£75 but you should to enquire as on occasion it could be many hundreds of pounds. It is important to be aware whether fixing the lift or some other significant cost is due shortly that will be shared amongst the leasehold owners and will materially increase the the maintenance fees or require a one time invoice.