I only have Sixty One years unexpired on my lease in Nailsworth. I now want to get lease extension but my landlord is missing. What are my options?

On the basis that 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 enable the lease to be lengthened by the magistrate. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to locate the freeholder. In some cases an enquiry agent would be helpful to try and locate and to produce an expert document which can be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s absence and the vesting order request to the County Court overseeing Nailsworth.

I've found a house that seems to meet my requirements, at a great price which is making it all the more appealing. I have since discovered that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Nailsworth. Conveyancing advisers have not yet been instructed. Will they explain the issues?

The majority of houses in Nailsworth are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Nailsworth so you should seriously consider shopping around for a Nailsworth conveyancing solicitor and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’sconsent to carry out alterations. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your lawyer will report to you on the legal implications.

I work for a busy estate agency in Nailsworth where we have witnessed a number of flat sales derailed due to short leases. I have been given inconsistent advice from local Nailsworth conveyancing solicitors. Can you confirm whether the vendor of a flat can instigate the lease extension process for the buyer?

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. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord 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 buyer.

Can you offer any advice when it comes to appointing a Nailsworth conveyancing practice to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Nailsworth conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Nailsworth conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

• What volume of lease extensions have they carried out in Nailsworth in the last twenty four months?
• What are the legal fees for lease extension work?

Do you have any top tips for leasehold conveyancing in Nailsworth from the point of view of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Nailsworth can be bypassed if you instruct lawyers as soon as your agents start advertising the property and ask them to put together the leasehold information which will be required by the buyers lawyers.
• In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Most leases in Nailsworth state that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord acquiescing to such changes. Should you fail to have the approvals in place you should not contact the landlord without checking with your conveyancer first.
• If there is a history of conflict with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The buyers and their solicitors will be warry about purchasing a property where a dispute is ongoing. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is clearly preferable to present the dispute as historic rather than unsettled.
• If you have the benefit of shareholding in the Management Company, you should make sure that you hold the original share document. Arranging a re-issued share certificate is often a time consuming process and slows down many a Nailsworth conveyancing deal. Where a new share is necessary, do contact the company officers or managing agents (if relevant) for this sooner rather than later.
• You believe that you know the number of years remaining on your lease but it would be advisable verify this via your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is less than 75 years. In the circumstances it is essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

Nailsworth Conveyancing for Leasehold Flats - Examples of Questions you should ask before Purchasing

This information is useful as a) areas may result in problems for the block as the common areas may start to deteriorate if maintenance are not paid for b) if the tenants have a dispute with the managing agents you will need to have full disclosure The prefered form of lease arrangement is if the freehold reversion is in the ownership of the leaseholders. In this scenario the lessees have control and although a managing agent is frequently employed if it is larger than a house conversion, the managing agent is directed by the tenants. Please inform me if there are any major works in the near future that will likely increase the service charges?