Having had my offer accepted I require leasehold conveyancing in Marks Gate. Before I get started I would like to find out the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and almost all are in Marks Gate - 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.

My husband and I may need to let out our Marks Gate ground floor flat for a while due to taking a sabbatical. We used a Marks Gate conveyancing firm in 2002 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?

Some leases for properties in Marks Gate do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I have recently realised that I have Seventy years left on my lease in Marks Gate. I now want to extend my lease but my freeholder is absent. What options are available to me?

If 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 extended by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to find the landlord. On the whole an enquiry agent should be helpful to carry out a search and prepare a report to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to proving the landlord’s disappearance and the application to the County Court overseeing Marks Gate.

What advice can you give us when it comes to appointing a Marks Gate conveyancing firm to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a Marks Gate conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with two or three firms including non Marks Gate conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:

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

Can you provide any advice for leasehold conveyancing in Marks Gate from the point of view of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Marks Gate can be avoided where you instruct lawyers the minute you market your property and request that they start to collate the leasehold information needed by the buyers conveyancers.
• Many freeholders or managing agents in Marks Gate charge for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management information sought on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Marks Gate.
• In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Marks Gate state that internal structural changes or installing wooden flooring require a licence issued by the Landlord approving such works. If you fail to have the approvals to hand you should not contact the landlord without checking with your conveyancer first.
• If you hold a share in a the Management Company, you should ensure that you are holding the original share certificate. Obtaining a re-issued share certificate can be a lengthy formality and frustrates many a Marks Gate home move. Where a new share certificate is needed, you should approach the company officers or managing agents (if applicable) for this sooner rather than later.
• You believe that you know the number of years left on your lease but you should double-check via your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to where the remaining number of years is less than 75 years. It is therefore essential at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

Following years of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Marks Gate. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

in cases where there is a missing landlord or where there is disagreement about the premium for a lease extension, under the relevant statutes you can apply to the Leasehold Valuation Tribunal to judgment on the sum to be paid.

An example of a Lease Extension matter before the tribunal for a Marks Gate residence is 49 Aldborough Road South in July 2012. The Tribunal decided that the premium payable for the grant of the new lease was £13,925 This case was in relation to 1 flat. The unexpired lease term was 61.36 years.

Marks Gate Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to Purchasing

The best form of lease arrangement is a share of the freehold. In this arrangement the lessees have control and even though a managing agent is usually retained if the building is larger than a house conversion, the managing agent acts for the leaseholders themselves.