There are only 68 years remaining on my lease in Grappenhall. I now wish to get lease extension but my freeholder is can not be found. What options are available to me?

On the basis that 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 mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to locate the lessor. On the whole an enquiry agent may be useful to try and locate and prepare a report which can be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer both on investigating the landlord’s absence and the application to the County Court covering Grappenhall.

I've found a house that seems to meet my requirements, at a great figure which is making it more attractive. I have since been informed that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Grappenhall. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?

Most houses in Grappenhall are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Grappenhall so you should seriously consider looking for a Grappenhall conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’spermission to carry out changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is part of an estate. Your lawyer will report to you on the legal implications.

I've recently bought a leasehold property in Grappenhall. 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 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. It is an essential part 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).

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

• Much of the delay in leasehold conveyancing in Grappenhall can be avoided if you get in touch lawyers the minute you market your property and ask them to collate the leasehold information needed by the purchasers’ solicitors.
• If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example installed wooden flooring? Grappenhall leases often stipulate that internal structural alterations or addition of wooden flooring necessitate a licence issued by the Landlord approving such works. Where you dont have the consents in place do not communicate with the landlord without contacting your solicitor first.
• If there is a history of conflict with your landlord or managing agents it is very important that these are resolved prior to the flat being marketed. The buyers and their solicitors will be nervous about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over as opposed to unsettled.
• If you have the benefit of shareholding in the freehold, you should ensure that you have the original share certificate. Organising a re-issued share certificate can be a lengthy formality and delays many a Grappenhall home move. If a reissued share is needed, you should approach the company officers or managing agents (where relevant) for this as soon as possible.
• You believe that you know the number of years remaining on your lease but you should double-check via your solicitors. A purchaser's conveyancer will not be happy to advise their client to where the lease term is less than 80 years. In the circumstances it is important at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

What are the common problems that you witness in leases for Grappenhall properties?

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

• A provision to repair to or maintain elements of the building
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

You will encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Chelsea Building Society, and Britannia all have express 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 defective they may refuse to grant the mortgage, obliging the buyer to withdraw.

Grappenhall Leasehold Conveyancing - Examples of Questions you should consider Prior to Purchasing

Where a Grappenhall lease has fewer than eighty years it will affect the value of the apartment. It is worth checking with your bank that they are willing to to proceed given the lease term. A short lease means that you will most likely have to extend the lease at some point and it is worth discovering what this would cost. Remember, in most cases you will need to own the residence for a couple of years in order to be legally able to extend the lease. The answer will be helpful as a) areas could result in problems in the building as the common areas may begin to deteriorate where repairs remain unpaid b) if the leaseholders have a dispute with the running of the building you will want to know about it