Back In 2005, I bought a leasehold house in Glossop. Conveyancing and Alliance & Leicester mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Glossop who acted for me is not around.Any advice?

The first thing you should do is make enquiries of the Land Registry to be sure that this person is indeed the new freeholder. There is no need to instruct a Glossop conveyancing lawyer to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am looking at a two maisonettes in Glossop both have approximately 50 years unexpired on the leases. Do I need to be concerned?

A lease is a legal document that entitles you to use the premises for a period of time. As the lease shortens the saleability of the lease decreases and results in it becoming more costly to acquire a lease extension. This is why it is generally wise to extend the lease term. More often than not it is difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on properties of this type. Lease enfranchisement can be a protracted process. We advise that you get professional assistance from a solicitor and surveyor with experience in this arena

I work for a reputable estate agency in Glossop where we see a number of flat sales jeopardised due to leases having less than 80 years remaining. I have received conflicting advice from local Glossop conveyancing firms. Please can you clarify whether the vendor of a flat can initiate 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 start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord 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.

What advice can you give us when it comes to choosing a Glossop conveyancing practice to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Glossop conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Glossop conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• How familiar is the practice with lease extension legislation?
• Can they put you in touch with client in Glossop who can give a testimonial?

Do you have any top tips for leasehold conveyancing in Glossop from the perspective of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Glossop can be bypassed where you appoint lawyers the minute your agents start marketing the property and ask them to put together the leasehold information needed by the buyers representatives.
• The majority freeholders or managing agents in Glossop levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Glossop.
• If you have carried out any alterations to the property would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in Glossop state that internal structural changes or addition of wooden flooring calls for a licence from the Landlord consenting to such works. Where you dont have the paperwork to hand you should not contact the landlord without checking with your conveyancer first.
• A minority of Glossop leases require Landlord’s consent to the sale and approval of the buyers. 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 able to meet the yearly 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 purchasers or their lawyers.
• If you have the benefit of shareholding in the freehold, you should ensure that you hold the original share certificate. Arranging a new share certificate can be a lengthy formality and slows down many a Glossop home move. Where a reissued share is required, do contact the company officers or managing agents (where applicable) for this as soon as possible.

Glossop Leasehold Conveyancing - Sample of Questions you should ask Prior to buying

Where a Glossop lease has no more than eighty years it will have adverse implications on the salability of the property. Check with your lender that they are happy with residual term of the lease. Leases with fewer than 80 years remaining means that you will probably need a lease extension sooner rather than later and you need to have some idea of what this would cost. For most Glossoplease extensions you will need to own the residence for a couple of years before you are entitled to exercise a lease extension.