Leasehold Conveyancing in Holywell - Get a Quote from the leasehold experts approved by your lender

Get a Quote

Whether you are buying or selling leasehold flat in Holywell, our panel of leasehold conveyancing experts will help you move with as little stress as possible. Find a Holywell conveyancing lawyer with our search tool

Holywell leasehold conveyancing: Q and A’s

I only have 72 years left on my lease in Holywell. I now want to extend my lease but my landlord is missing. What should I do?

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 extended by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to find the landlord. For most situations an enquiry agent would be useful to carry out a search and to produce a report to be used 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 absence and the application to the County Court covering Holywell.

My wife and I purchased a leasehold house in Holywell. Conveyancing and Virgin Money mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1993. The conveyancing solicitor in Holywell who acted for me is not around.Any advice?

First contact the Land Registry to make sure that this person is in fact the new freeholder. There is no need to instruct a Holywell conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I've recently bought a leasehold property in Holywell. Am I liable to pay service charges for periods before completion of my purchase?

In a situation 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. A critical element 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).

What are your top tips when it comes to choosing a Holywell conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a property lawyer for your lease extension (regardless if they are a Holywell conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Holywell conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

  • How experienced is the firm with lease extension legislation?
  • If the firm is not ALEP accredited then what is the reason?

    • Do you have any advice for leasehold conveyancing in Holywell from the perspective of expediting the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Holywell can be reduced if you get in touch lawyers the minute your agents start marketing the property and ask them to collate the leasehold information which will be required by the buyers conveyancers.
    • Many landlords or managing agents in Holywell levy fees for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Holywell.
  • If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Holywell state that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord approving such changes. Where you fail to have the paperwork in place do not contact the landlord without checking with your lawyer before hand.
  • A minority of Holywell 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 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 lawyers.
  • If you are supposed to have a share in the Management Company, you should ensure that you hold the original share certificate. Arranging a replacement share certificate can be a time consuming formality and slows down many a Holywell conveyancing deal. Where a new share certificate is required, you should approach the company director and secretary or managing agents (if applicable) for this as soon as possible.

    • Holywell Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing

      The majority of Holywell leasehold properties will be liable to pay a service bill for the upkeep of the building invoiced on behalf of the landlord. Where you buy the property you will have to pay this contribution, normally in instalments accross the year. This can differ from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common grounds. In all probability there will be a rentcharge for you to pay yearly, this is usually not a significant amount, say approximately £50-£100 but you need to check it because sometimes it could be many hundreds of pounds. It would be prudent to find out as much as you can about the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to day to day matters such as the cleanliness of the communal areas. Ask prospective neighbours what they think of their management. On a final note, be sure you discover the dates that the maintenance charges are due to the appropriate party and specifically what you get for your money. The answer will be important as a) areas may result in problems in the block as the communal areas may start to deteriorate if repairs are not paid for b) if the tenants have an issue with the managing agents you will wish to have complete disclosure

    Other Topics

    Lease Extensions in Holywell