I am in need of some leasehold conveyancing in Hurworth. Before diving in I require certainty as to the remaining lease term.

If the lease is recorded at the land registry - and almost all are in Hurworth - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

There are only Sixty One years remaining on my flat in Hurworth. I am keen to get lease extension but my landlord is can not be found. 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 have made all reasonable attempts to track down the lessor. For most situations an enquiry agent should be useful to conduct investigations and prepare an expert document to be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a solicitor both on devolving into the landlord’s absence and the application to the County Court overseeing Hurworth.

I've recently bought a leasehold flat in Hurworth. 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 owner 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 appointing a Hurworth conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Hurworth conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Hurworth conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

• If the firm is not ALEP accredited then why not?
• How many lease extensions has the firm completed in Hurworth in the last 12 months?

Can you provide any advice for leasehold conveyancing in Hurworth with the intention of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Hurworth can be reduced where you get in touch lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the purchasers’ solicitors.
• Many freeholders or Management Companies in Hurworth charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Hurworth.
• If there is a history of any disputes with your freeholder or managing agents it is essential 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 a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle 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 purchasers, but it is clearly preferable to present the dispute as over as opposed to unsettled.
• If you have the benefit of shareholding in the Management Company, you should ensure that you are holding the original share certificate. Arranging a new share certificate can be a time consuming formality and frustrates many a Hurworth conveyancing deal. Where a reissued share is required, do contact the company officers or managing agents (where relevant) for this at the earliest opportunity.
• You believe that you know the number of years left on your lease but it would be wise to double-check by asking your lawyers. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is below 80 years. It is therefore important at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

Hurworth Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing

Its a good idea to discover as much as you can regarding the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents from a financial perspective and when it comes to practical matters such as the cleanliness of the common parts. Enquire of prospective neighbours what they think of their service. In conclusion, find out the dates that the maintenance fees are due to the relevant party and specifically what you get for your money. This information is useful as a) areas could cause problems for the building as the common areas may begin to deteriorate where maintenance are not paid for b) if the tenants have an issue with the managing agents you will wish to have complete disclosure