Having checked my lease I have discovered that there are only 72 years left on my flat in Poole. I need to extend my lease but my freeholder is can not be found. What are my options?

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 enable the lease to be extended by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to find the lessor. In some cases a specialist should be useful to carry out a search and prepare a report which can be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a solicitor both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing Poole.

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a great price which is making it all the more appealing. I have just found out that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a leasehold house in Poole. Conveyancing advisers have not yet been appointed. Will they explain the issues?

The majority of houses in Poole are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Poole so you should seriously consider shopping around for a Poole conveyancing practitioner and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’sconsent to carry out alterations. You may also be required to pay a contribution towards the maintenance of the communal areas where the property is part of an estate. Your conveyancer should report to you on the legal implications.

I am looking at a couple of apartments in Poole which have in the region of 50 years unexpired on the lease term. should I be concerned?

There are no two ways about it. A leasehold apartment in Poole is a deteriorating asset as a result of the shortening lease. The nearer the lease gets to zero years unexpired, the more it adversely affects the value of the premises. The majority of purchasers and lenders, leases with under 75 years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Poole conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

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

When appointing a solicitor for lease extension works (regardless if they are a Poole conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with two or three firms including non Poole conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

• If the firm is not ALEP accredited then why not?

Can you provide any advice for leasehold conveyancing in Poole from the perspective of expediting the sale process?

• Much of the delay in leasehold conveyancing in Poole can be reduced if you instruct lawyers the minute you market your property and ask them to collate the leasehold documentation needed by the purchasers’ conveyancers.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Poole leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord approving such changes. If you dont have the consents to hand do not communicate with the landlord without contacting your solicitor in advance.

Poole Leasehold Conveyancing - A selection of Queries before buying

Are any of leasehold owners in arrears of their service charge liability? Best to be warned if changing the roof or some other major work is coming up that will be shared between the tenants and could well dramatically increase the the maintenance charges or require a specific invoice. How much is the ground rent and service charge?

Other Topics

Lease Extensions in Poole