I am on look out for some leasehold conveyancing in Penrith. Before I get started I would like to find out the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and almost all are in Penrith - 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.

I have just appointed agents to market my garden flat in Penrith.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly service charge invoice – what should I do?

It best that you clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I own a leasehold flat in Penrith. Conveyancing and National Westminster Bank mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Penrith who previously acted has now retired.What should I do?

The first thing you should do is make enquiries of HMLR to make sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to instruct a Penrith conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What advice can you give us when it comes to choosing a Penrith conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Penrith conveyancing firm) it is essential 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 Penrith conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

• If they are not ALEP accredited then why not?

Can they put you in touch with client in Penrith who can give a testimonial?

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £475000 garden flat in Penrith in six days. The managing agents has quoted £300 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Penrith?

Penrith conveyancing on leasehold maisonettes typically necessitates fees being levied by management companies :

• Addressing conveyancing due diligence questions
• Where consent is required before sale in Penrith
• 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 Penrith leasehold property is £350. For Penrith 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 provide answers.

Penrith Leasehold Conveyancing - A selection of Questions you should ask before buying

It would be prudent to investigate if the the lease contains any onerous restrictions in the lease. For example some leases prohibit pets being allowed in certain buildings in Penrith. If you like the propertyin Penrith but your dog can’t make the move with you then you will be faced difficult choice. The best form of lease structure is if the freehold reversion is owned by the leaseholders. In this arrangement the leaseholders have being in charge if their destiny and even though a managing agent is often retained where it is larger than a house conversion, the managing agent employed by the leaseholders. What is the name of the managing agents?

Other Topics

Lease Extensions in Penrith