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Leasehold conveyancing in Mossley is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Mossley and across next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Mossley leasehold conveyancing Example Support Desk Enquiries

Having checked my lease I have discovered that there are only Seventy years left on my lease in Mossley. I now want to get lease extension but my landlord is missing. What should I do?

On the basis that 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 mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to find the freeholder. On the whole an enquiry agent should be useful to carry out a search and to produce an expert document to be accepted by the court as proof that the landlord 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 overseeing Mossley.

I own a leasehold flat in Mossley. Conveyancing and Aldermore mortgage are in place. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Mossley who acted for me is not around.What should I do?

First make enquiries of HMLR to make sure that this person is in fact the new freeholder. You do not need to instruct a Mossley conveyancing solicitor to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am looking at a two apartments in Mossley both have about 50 years left on the lease term. Will this present a problem?

There are no two ways about it. A leasehold apartment in Mossley is a wasting asset as a result of the shortening lease. The closer the lease gets to zero years unexpired, the more it adversely affects the salability of the property. For most purchasers and mortgage companies, leases with less than eighty years become less and less attractive. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Mossley conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

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

When appointing a property lawyer for lease extension works (regardless if they are a Mossley conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Mossley conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

  • How experienced is the firm with lease extension legislation?
  • Can they put you in touch with client in Mossley who can give a testimonial?

    • Can you provide any advice for leasehold conveyancing in Mossley from the perspective of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Mossley can be bypassed where you appoint lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information needed by the buyers representatives.
    • The majority freeholders or Management Companies in Mossley charge for providing management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management pack 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 Mossley.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Mossley state that internal structural alterations or installing wooden flooring require a licence from the Landlord consenting to such works. If you fail to have the consents in place do not communicate with the landlord without checking with your conveyancer in the first instance.
  • A minority of Mossley leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 service charge figures 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 are holding the original share certificate. Obtaining a re-issued share certificate can be a time consuming formality and frustrates many a Mossley home move. Where a duplicate share is required, you should approach the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.

    • Mossley Leasehold Conveyancing - Examples of Queries before Purchasing

      The best form of lease arrangement is if the freehold reversion is owned by the leaseholders. In this arrangement the tenants enjoy being in charge if their destiny and even though a managing agent is frequently employed where it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. It is important to be aware if a new roof is being installed or some other major work is pending that will be shared by the tenants and could well materially impact the level of the maintenance fees or require a specific invoice. How much is the yearly maintenance fee and ground rent?

    Other Topics

    Lease Extensions in Mossley