I have recently realised that I have 62 years left on my flat in Liverpool. I need to extend my lease but my landlord is can not be found. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission 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 find the freeholder. On the whole an enquiry agent would be helpful to conduct investigations and prepare an expert document to be accepted by the court as evidence 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 covering Liverpool.

Estate agents have just been given the go-ahead to market my garden apartment in Liverpool.Conveyancing lawyers have not yet been instructed but I have just had a quarterly maintenance charge demand – what should I do?

The sensible thing to do is clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

I am looking at a two maisonettes in Liverpool both have approximately 50 years left on the lease term. Will this present a problem?

There are plenty of short leases in Liverpool. The lease is a right to use the property for a period of time. As the lease shortens the marketability of the lease reduces and results in it becoming more costly to acquire a lease extension. For this reason it is often a good idea to increase the term of the lease. It is often difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease extension can be a protracted process. We advise that you seek professional help from a solicitor and surveyor with experience in this area

What are your top tips when it comes to appointing a Liverpool conveyancing practice to carry out our lease extension conveyancing?

When appointing a solicitor for your lease extension (regardless if they are a Liverpool conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Liverpool conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

• If they are not ALEP accredited then what is the reason?

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £125000 flat in Liverpool next Friday . The freeholder has quoted £384 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Liverpool?

Liverpool conveyancing on leasehold apartments normally involves the purchaser’s solicitor sending questions for the landlord to answer. Although the landlord is under no legal obligation to answer such questions the majority will be content to do so. They may invoice a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some transactions it is above £800. The administration charge invoiced by the landlord must be sent together with a summary of rights and obligations in relation to administration fees, without which the invoice is technically not due. In reality you have little option but to pay whatever is demanded should you wish to sell the property.

Liverpool Leasehold Conveyancing - Sample of Questions you should consider before Purchasing

What is the service charge and ground rent on the apartment? You should be aware if it is less than eighty years it will affect the marketability of the property. It is worth checking with your lender that they are willing to go ahead with the loan given the lease term. A short lease means that you will probably have to extend the lease at some point and it is worth discovering what this will be. Remember, in most cases you will be be obliged to have owned the residence for 24 months in order to be eligible to extend the lease. How is the lease structured?

Other Topics

Lease Extensions in Liverpool