I only have Sixty One years remaining on my lease in Nailsworth. I now want to get lease extension but my landlord 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 an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to locate the lessor. In some cases a specialist may be helpful to conduct investigations and prepare a report which can be accepted by the court as proof that the landlord can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s disappearance and the vesting order request to the County Court covering Nailsworth.

I've found a house that appears to meet my requirements, at a reasonable figure which is making it all the more appealing. I have since been informed that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Nailsworth. Conveyancing lawyers have not yet been appointed. Will they explain the issues?

Most houses in Nailsworth are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Nailsworth in which case you should be looking for a Nailsworth conveyancing practitioner and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example obtaining the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a contribution towards the maintenance of the estate where the house is located on an estate. Your lawyer should advise you fully on all the issues.

Last month I purchased a leasehold property in Nailsworth. Am I liable to pay service charges relating to a period prior to completion of my purchase?

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. However, your landlord may still be able to take action to forfeit the lease. A critical element 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).

Can you provide any advice for leasehold conveyancing in Nailsworth with the aim of saving time on the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Nailsworth can be bypassed if you instruct lawyers the minute you market your property and ask them to put together the leasehold information needed by the purchasers’ conveyancers.
• The majority freeholders or managing agents in Nailsworth levy fees for providing management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Nailsworth.

If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Nailsworth state that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord approving such alterations. Should you fail to have the consents in place you should not communicate with the landlord without checking with your conveyancer before hand.

Some Nailsworth leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet the yearly 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 lawyers.

If you are supposed to have a share in the freehold, you should ensure that you hold the original share document. Organising a replacement share certificate can be a time consuming process and delays many a Nailsworth conveyancing deal. Where a duplicate share is necessary, do contact the company officers or managing agents (where applicable) for this at the earliest opportunity.

Completion in due on the sale of our £400000 maisonette in Nailsworth in six days. The freeholder has quoted £348 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Nailsworth?

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

• Completing pre-contract enquiries
• Where consent is required before sale in Nailsworth
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Nailsworth leasehold premises is £350. For Nailsworth 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 answers.

Nailsworth Leasehold Conveyancing - A selection of Questions you should ask Prior to buying

The answer will be helpful as a) areas can result in problems for the block as the common areas may start to deteriorate where services are not paid for b) if the leasehold owners have a dispute with the running of the building you will wish to have full disclosure Are any of leasehold owners in arrears of their service charge payments? The best form of lease structure is if the freehold title is in the ownership of the leaseholders. In this situation the lessees enjoy being in charge if their destiny and even though a managing agent is often employed if it is larger than a house conversion, the managing agent acts for the leaseholders themselves.

Other Topics

Lease Extensions in Nailsworth