Having checked my lease I have discovered that there are only Fifty years unexpired on my flat in Horwich. I now wish to get lease extension but my freeholder 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 enable the lease to be lengthened by the Court. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to locate the freeholder. On the whole an enquiry agent would be useful to conduct investigations and prepare an expert document which can be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to investigating the landlord’s absence and the application to the County Court overseeing Horwich.

Planning to exchange soon on a basement flat in Horwich. Conveyancing solicitors assured me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Horwich should include some of the following:

• Does the lease prevent you from renting out the property, or having a home office for business
• You should be told what counts as a Nuisance in the lease
• Ground rent - how much and when you need to pay, and also know whether this is subject to change
• An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
• Repair and maintenance of the flat
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building

I am tempted by the attractive purchase price for a two maisonettes in Horwich both have approximately 50 years unexpired on the leases. Should I regard a short lease as a deal breaker?

There are plenty of short leases in Horwich. The lease is a right to use the premises for a period of time. As a lease gets shorter the value of the lease deteriorate and it becomes more costly to extend the lease. This is why it is generally wise to extend the lease term. It is often difficulties arise selling premises with a short lease as mortgage lenders may be reluctant to lend money on properties of this type. Lease enfranchisement can be a difficult process. We recommend you seek professional assistance from a solicitor and surveyor with experience in this field

Can you offer any advice when it comes to choosing a Horwich conveyancing practice to deal with our lease extension?

When appointing a property lawyer for lease extension works (regardless if they are a Horwich conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Horwich conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• If the firm is not ALEP accredited then what is the reason?
• What are the legal fees for lease extension conveyancing?

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

• A significant proportion of the frustration in leasehold conveyancing in Horwich can be reduced if you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information which will be required by the buyers representatives.
• Many freeholders or Management Companies in Horwich charge for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for 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 common reason for delay in leasehold conveyancing in Horwich.
• Some Horwich leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 solicitors.
• If there is a history of conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being marketed. The purchasers and their solicitors will be warry about purchasing a property where a dispute is unresolved. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to reveal the dispute as over as opposed to unresolved.
• If you hold a share in a the Management Company, you should make sure that you have the original share document. Organising a duplicate share certificate is often a lengthy process and delays many a Horwich home move. If a reissued share certificate is needed, you should approach the company officers or managing agents (where relevant) for this sooner rather than later.

Horwich Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to buying

It would be sensible to discover as much as you can about the managing agents as they will either make your life much simpler or uncomfortable. As the proprietor of a leasehold property you will be in the clutches of the managing agents from a financial perspective and when it comes to day to day issues like the upkeep of the common parts. Enquire of other people if they are happy with them. On a final note, be sure you know the dates that you are obliged pay the service charge to the managing agents and specifically how they are spending the funds.