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Ormskirk leasehold conveyancing: Q and A’s

I am in need of some leasehold conveyancing in Ormskirk. Before I set the wheels in motion I would like to find out the unexpired term of the lease.

If the lease is registered - and 99.9% are in Ormskirk - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

There are only 72 years unexpired on my lease in Ormskirk. I now want to extend my lease but my freeholder is missing. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application 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. However, you will be required to prove that you have done all that could be expected to track down the landlord. In some cases a specialist would be helpful to carry out a search and prepare an expert document which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on investigating the landlord’s disappearance and the application to the County Court covering Ormskirk.

I am a negotiator for a busy estate agency in Ormskirk where we have experienced a number of leasehold sales jeopardised due to short leases. I have received contradictory information from local Ormskirk conveyancing firms. Could you clarify 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. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.

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 purchaser.

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

If you are instructing a property lawyer for lease extension works (regardless if they are a Ormskirk conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Ormskirk conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

  • If they are not ALEP accredited then what is the reason?
  • Can they put you in touch with client in Ormskirk who can give a testimonial?

    • Can you provide any advice for leasehold conveyancing in Ormskirk from the perspective of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Ormskirk can be avoided if you get in touch lawyers the minute you market your property and ask them to collate the leasehold information needed by the purchasers’ representatives.
    • If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you installed wooden flooring? Ormskirk leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord acquiescing to such works. Should you dont have the approvals to hand you should not contact the landlord without checking with your solicitor in advance.
  • A minority of Ormskirk 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 put in hand bank and professional references. The bank reference should make it clear that the buyer is 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 buyers or their solicitors.
  • If you have had any disputes with your freeholder or managing agents it is very important that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be nervous about purchasing a flat where there is an ongoing dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to present the dispute as historic rather than ongoing.
  • You believe that you know the number of years left on your lease but you should verify this by asking your solicitors. A buyer’s conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is less than 75 years. In the circumstances it is essential at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Ormskirk Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

      Please tell me if there are any major works in the near future that will likely add a premium to the maintenance charges? Make sure you enquire if there is anything that is prohibited in the lease. By way of example it is fairly common in Ormskirk leases that pets are not allowed in in a block in Ormskirk. If you love the apartmentin Ormskirk yet your dog is not allowed to live with you then you will be presented with a hard compromise. This question is useful as a) areas may cause problems in the block as the communal areas may begin to deteriorate where maintenance remain unpaid b) if the leasehold owners have an issue with the managing agents you will need to have full disclosure

    Other Topics

    Lease Extensions in Ormskirk