I only have Seventy years remaining on my flat in Halkyn. I am keen to extend my lease but my landlord is missing. 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 an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to prove that you or your lawyers have used your best endeavours to track down the lessor. On the whole an enquiry agent should be useful to carry out a search and to produce an expert document to be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s disappearance and the application to the County Court covering Halkyn.

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 it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Halkyn. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Halkyn ?

The majority of houses in Halkyn are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are purchasing in Halkyn so you should seriously consider looking for a Halkyn conveyancing solicitor and be sure that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example obtaining the landlord’sconsent to conduct alterations. You may also be required to pay a contribution towards the upkeep of the estate where the property is part of an estate. Your lawyer will report to you on the legal implications.

Last month I purchased a leasehold property in Halkyn. Am I liable to pay service charges relating to a period prior to my ownership?

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. Strange as it may seem, 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 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).

I am employed by a busy estate agency in Halkyn where we see a number of flat sales jeopardised as a result of short leases. I have been given inconsistent advice from local Halkyn conveyancing solicitors. Can you shed some light as to whether the seller of a flat can instigate the lease extension process for the buyer?

As long as 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. The benefit of this is that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with 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.

Can you provide any top tips for leasehold conveyancing in Halkyn with the aim of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Halkyn can be avoided where you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ lawyers.
• The majority freeholders or managing agents in Halkyn levy fees for providing management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management information sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Halkyn.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Halkyn leases often stipulate that internal structural changes or installing wooden flooring require a licence issued by the Landlord consenting to such alterations. Where you dont have the consents in place do not communicate with the landlord without contacting your solicitor before hand.
• If there is a history of conflict with your landlord or managing agents it is essential that these are settled prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where a dispute is ongoing. You may have to bite the bullet and pay 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 particulars of the dispute to the buyers, but it is better to present the dispute as historic as opposed to unresolved.
• If you are supposed to have a share in the Management Company, you should ensure that you have the original share certificate. Organising a replacement share certificate is often a lengthy process and delays many a Halkyn home move. If a reissued share certificate is required, you should approach the company officers or managing agents (if relevant) for this as soon as possible.

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

It would be prudent to discover as much as possible regarding the company managing the building as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you are often in the clutches of the managing agents both financially and when it comes to practical issues like the cleanliness of the communal areas. You should not be afraid to ask other tenants what they think of their service. Finally, be sure you know the dates that the service charges are due to the appropriate party and specifically how they are spending the funds. What is the name of the managing agents?