There are only 62 years unexpired on my lease in Mossley. I am keen to get lease extension but my freeholder 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 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 prove that you or your lawyers have made all reasonable attempts to find the landlord. In some cases an enquiry agent may be helpful to conduct investigations and prepare a report to be used as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Mossley.

Due to exchange soon on a garden flat in Mossley. Conveyancing lawyers inform me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

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

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord

The total extent of the property. This will be the property itself but may include a loft or cellar if applicable.

Do you need to have carpet in the flat or are you allowed wood flooring?

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

I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.

Responsibility for repairing the window frames For a comprehensive list of information to be included in your report on your leasehold property in Mossley please ask your conveyancer in ahead of your conveyancing in Mossley

I am looking at a two flats in Mossley both have about forty five years left on the leases. Should I regard a short lease as a deal breaker?

A lease is a right to use the property for a prescribed time frame. As the lease gets shorter the marketability of the lease reduces and results in it becoming more costly to acquire a lease extension. This is why it is generally wise to extend the lease term. Sometimes it is difficult to sell a property with a short lease because mortgage lenders less inclined to grant a loan on properties of this type. Lease extension can be a protracted process. We recommend you seek professional help from a conveyancer and surveyor with experience in this field

Can you provide any top tips for leasehold conveyancing in Mossley with the aim of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Mossley can be avoided where you instruct lawyers the minute your agents start advertising the property and ask them to put together the leasehold information which will be required by the buyers representatives.
• Many landlords or managing agents in Mossley levy fees for providing management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Mossley.

If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Mossley state that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord consenting to such works. Should you fail to have the approvals to hand do not contact the landlord without contacting your lawyer in the first instance.

If you hold a share in a the freehold, you should make sure that you hold the original share document. Obtaining a replacement share certificate can be a lengthy formality and delays many a Mossley conveyancing transaction. If a new share certificate is required, you should approach the company officers or managing agents (if relevant) for this at the earliest opportunity.

You may think that you are aware of the number of years left on your lease but it would be wise to verify this via your solicitors. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is under 75 years. In the circumstances it is important at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

If all goes to plan we aim to complete the disposal of our £250000 flat in Mossley next Wednesday . The freeholder has quoted £372 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Mossley?

For the majority of leasehold sales in Mossley conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Addressing pre-contract questions
• Where consent is required before sale in Mossley
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Mossley leasehold premises is £350. For Mossley 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 supply the information.

Mossley Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

On the whole the cost for major works are not included within maintenance charges, albeit that some managing agents in Mossley require leaseholders to contribute towards a sinking fund and this is used to offset against larger works. Is there a share of the freehold? How much is the ground rent and service charge?

Other Topics

Lease Extensions in Mossley