Having checked my lease I have discovered that there are only Seventy years unexpired on my flat in Sedbergh. I now want to extend my lease but my landlord is absent. What options are available to me?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to find the lessor. For most situations a specialist should be helpful to carry out a search and to produce a report to be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a solicitor in relation to proving the landlord’s disappearance and the vesting order request to the County Court covering Sedbergh.

I am looking at a couple of flats in Sedbergh which have about 50 years remaining on the lease term. Should I regard a short lease as a deal breaker?

There are plenty of short leases in Sedbergh. The lease is a right to use the premises for a period of time. As the lease gets shorter the marketability of the lease reduces and it becomes more costly to acquire a lease extension. For this reason it is generally wise to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on properties of this type. Lease enfranchisement can be a difficult process. We recommend you seek professional help from a solicitor and surveyor with experience in this area

I work for a reputable estate agency in Sedbergh where we have experienced a number of leasehold sales jeopardised as a result of short leases. I have been given conflicting advice from local Sedbergh conveyancing solicitors. Could you clarify whether the vendor of a flat can start the lease extension process for the buyer?

As long as the seller has owned the lease 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. This means that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible 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.

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

If you are instructing a solicitor for your lease extension (regardless if they are a Sedbergh conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Sedbergh conveyancing practices prior to instructing a firm. Where the conveyancing practice 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 Sedbergh who can give a testimonial?

Do you have any advice for leasehold conveyancing in Sedbergh with the purpose of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Sedbergh can be reduced where you get in touch lawyers the minute you market your property and ask them to collate the leasehold information which will be required by the buyers solicitors.
• Many landlords or managing agents in Sedbergh charge for providing management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management information sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Sedbergh.
• If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you installed wooden flooring? Sedbergh leases often stipulate that internal structural changes or installing wooden flooring require a licence issued by the Landlord approving such works. Should you fail to have the paperwork to hand you should not communicate with the landlord without checking with your conveyancer first.
• If you are supposed to have a share in the Management Company, you should ensure that you have the original share certificate. Organising a new share certificate is often a lengthy formality and slows down many a Sedbergh conveyancing transaction. Where a new share certificate is needed, do contact the company officers or managing agents (if relevant) for this at the earliest opportunity.
• You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check by asking your conveyancers. A purchaser's conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is under 75 years. It is therefore essential at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

Leasehold Conveyancing in Sedbergh - A selection of Queries Prior to buying

What prohibitions exist in the Sedbergh Lease?