Fixed-fee leasehold conveyancing in Millom:

When it comes to leasehold conveyancing in Millom, you will need to chose a conveyancing practitioner with leasehold experience. Whether your mortgage company is to be Lloyds, Yorkshire Building Society or Bradford & Bingley make sure you choose a lawyer on their approved list. Find a Millom conveyancing lawyer with our search tool

Millom leasehold conveyancing: Q and A’s

There are only 72 years remaining on my flat in Millom. I now wish to extend my lease but my landlord is missing. What options are available to me?

If you qualify, 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 granted an extra 90 years by the Court. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to locate the freeholder. For most situations a specialist should be useful to carry out a search and to produce an expert document which can be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court covering Millom.

Back In 2001, I bought a leasehold house in Millom. Conveyancing and Bank of Scotland mortgage organised. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Millom who previously acted has now retired.What should I do?

First contact HMLR to be sure that the individual claiming to own the freehold is in fact the new freeholder. There is no need to incur the fees of a Millom conveyancing practitioner to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I've recently bought a leasehold house in Millom. Do I have any liability for service charges relating to a period prior to my ownership?

In a situation 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. It is an essential part 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).

I work for a reputable estate agent office in Millom where we have witnessed a number of leasehold sales derailed due to short leases. I have received inconsistent advice from local Millom conveyancing firms. Could you shed some light as to whether the seller of a flat can start the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Do you have any top tips for leasehold conveyancing in Millom with the aim of expediting the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Millom can be reduced if you instruct lawyers the minute you market your property and request that they start to put together the leasehold information needed by the purchasers’ conveyancers.
  • The majority landlords or Management Companies in Millom charge for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Millom.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Millom state that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. Where you fail to have the paperwork in place you should not contact the landlord without checking with your conveyancer in the first instance.
  • A minority of Millom leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is able to meet the annual 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 you are supposed to have a share in the freehold, you should make sure that you hold the original share certificate. Obtaining a replacement share certificate can be a lengthy process and frustrates many a Millom home move. Where a duplicate share certificate is needed, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later.

  • Millom Leasehold Conveyancing - A selection of Questions you should consider Prior to Purchasing

      How is the lease structured? Does this lease have in excess of 85 years unexpired? Its a good idea to find out as much as possible concerning the company managing the block as they will either make life much simpler or uncomfortable. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to daily issues like the tidiness of the common parts. Enquire of other tenants if they are happy with their service. Finally, investigate as to the dates that the maintenance charges are due to the relevant party and specifically what it includes.

    Other Topics

    Lease Extensions in Millom