I only have 68 years remaining on my flat in Marple. I am keen to extend my lease but my freeholder 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 submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to track down the freeholder. On the whole an enquiry agent would be useful to try and locate and to produce an expert document which can be used as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer both on proving the landlord’s disappearance and the application to the County Court covering Marple.

Due to sign contracts shortly on a studio apartment in Marple. Conveyancing solicitors have said that they are sending me a report next week. Are there areas in the report that I should be focusing on?

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

• You should be sent a copy of the lease

How long the lease is You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years

The physical extent of the premises. This will be the apartment itself but might include a roof space or cellar if appropriate.

Defining your legal entitlements in relation to the communal areas in the building.For instance, does the lease grant a right of way over an accessway or hallways?

Will you be prohibited or prevented from having pets in the property?

Whether your lease has a provision for a reserve fund?

Changes to the flat (alterations and additions) For a comprehensive list of information to be contained in your report on your leasehold property in Marple please ask your conveyancer in advance of your conveyancing in Marple

Can you offer any advice when it comes to choosing a Marple conveyancing practice to carry out our lease extension conveyancing?

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

• What volume of lease extensions has the firm conducted in Marple in the last twenty four months?

Can they put you in touch with client in Marple who can give a testimonial?

If all goes to plan we aim to complete the sale of our £400000 flat in Marple next Thursday . The freeholder has quoted £312 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Marple?

Marple conveyancing on leasehold flats nine out of ten times necessitates fees being invoiced by management companies :

• Answering conveyancing due diligence questions
• Where consent is required before sale in Marple
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Marple leasehold premises is £350. For Marple conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide the information.

What makes a Marple lease defective?

Leasehold conveyancing in Marple is not unique. All leases are individual and drafting errors can sometimes mean that certain sections are wrong. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the property
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Lloyds TSB Bank, Virgin Money, and Nottingham Building Society all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, forcing the buyer to pull out.

Marple Leasehold Conveyancing - A selection of Queries Prior to buying

Be sure to investigate if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being permitted in certain buildings in Marple. If you like the apartmentin Marple but your dog can’t make the move with you then you have a very difficult determination. What is the yearly service fee and ground rent? Who manages the block?

Other Topics

Lease Extensions in Marple