Having checked my lease I have discovered that there are only 68 years left on my lease in Plymouth. I now wish to extend my lease but my freeholder is can not be found. What options are available to me?

If you qualify, 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 prove that you have made all reasonable attempts to locate the landlord. For most situations an enquiry agent should be useful to conduct investigations and prepare a report to be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s absence and the application to the County Court covering Plymouth.

I am hoping to put an offer on a small detached house that seems to be perfect, at a great price which is making it all the more appealing. I have subsequently been informed that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Plymouth. Conveyancing advisers have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Plymouth ?

The majority of houses in Plymouth are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Plymouth so you should seriously consider shopping around for a Plymouth conveyancing solicitor and be sure that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’spermission to carry out changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the property is part of an estate. Your solicitor should advise you fully on all the issues.

I've recently bought a leasehold property in Plymouth. Am I liable to pay service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure 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).

I work for a busy estate agency in Plymouth where we have experienced a few leasehold sales put at risk due to short leases. I have received inconsistent advice from local Plymouth conveyancing solicitors. Please can you clarify whether the owner of a flat can start the lease extension formalities 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 start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is 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 prior to, or simultaneously with 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.

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

• Much of the frustration in leasehold conveyancing in Plymouth can be avoided if you get in touch lawyers the minute you market your property and ask them to collate the leasehold documentation which will be required by the buyers solicitors.
• The majority landlords or managing agents in Plymouth charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Plymouth.
• In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Plymouth state that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord approving such alterations. Where you fail to have the consents to hand do not contact the landlord without contacting your lawyer in advance.
• If you are supposed to have a share in the Management Company, you should ensure that you have the original share document. Arranging a new share certificate is often a time consuming formality and slows down many a Plymouth conveyancing deal. Where a reissued share is required, do contact the company officers or managing agents (where relevant) for this sooner rather than later.
• You may think that you are aware of the number of years left on your lease but it would be wise to verify this by asking your solicitors. A purchaser's conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is below 80 years. It is therefore important at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

Plymouth Leasehold Conveyancing - Examples of Questions you should ask before Purchasing

You should want to find out as much as you can regarding the managing agents as they will affect your use and enjoyment of the property. As the owner of a leasehold property you will be in the clutches of the managing agents from a financial perspective and when it comes to every day issues like the tidiness of the common parts. Don't be shy to ask other tenants what they think of them. In conclusion, be sure you understand the dates that the maintenance fees are due to the relevant party and specifically what you get for your money. It is important to be aware if fixing the lift or some other significant cost is anticipated to be shared amongst the leasehold owners and will dramatically increase the the service charges or require a one off payment. Plenty Plymouth leasehold properties will have a service bill for the upkeep of the building levied on behalf of the freeholder. Should you buy the apartment you will have to meet this charge, usually quarterly accross the year. This may be anything from several hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all likelihood there will be a rentcharge for you to pay annual, ordinarily this is not a large figure, say approximately £50-£100 but you should to enquire it because on occasion it could be many hundreds of pounds.