I am on look out for some leasehold conveyancing in Ravenglass. Before I get started I require certainty as to the remaining lease term.

Assuming the lease is registered - and almost all are in Ravenglass - then the leasehold title will always include the short particulars 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 want to rent out my leasehold apartment in Ravenglass. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Your lease dictates the relationship between the landlord and you the flat owner; in particular, it will say if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Ravenglass do not contain strict prohibition on subletting – such a provision would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

There are only 72 years left on my lease in Ravenglass. I now wish to get lease extension but my freeholder is absent. What options are available to me?

If 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 granted an extra 90 years by the magistrate. You will be obliged to prove that you or your lawyers have done all that could be expected to track down the lessor. On the whole a specialist should be useful to carry out a search and to produce an expert document which can be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to investigating the landlord’s disappearance and the application to the County Court overseeing Ravenglass.

I am employed by a long established estate agency in Ravenglass where we have experienced a number of leasehold sales jeopardised due to leases having less than 80 years remaining. I have been given conflicting advice from local Ravenglass conveyancing firms. Please can you shed some light as to whether the vendor of a flat can instigate 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 commence 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 sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as 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 purchaser.

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

When appointing a property lawyer for your lease extension (regardless if they are a Ravenglass conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with several firms including non Ravenglass 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 helpful:

• How familiar is the practice with lease extension legislation?

Ravenglass Conveyancing for Leasehold Flats - Sample of Questions you should ask before Purchasing

This information is useful as a) areas could cause problems in the building as the common areas may begin to deteriorate if maintenance remain unpaid b) if the tenants have an issue with the managing agents you will want to have full disclosure Its a good idea to discover as much as possible regarding the company managing the building as they will either make your living at the property much simpler or problematic. As the owner of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to practical issues like the tidiness of the communal areas. Don't be afraid to ask other people whether they are happy with their service. In conclusion, find out the dates that you are obliged pay the service charge to the appropriate party and precisely what you get for your money. Are any of leasehold owners in arrears of their service charge payments?

Other Topics

Lease Extensions in Ravenglass