There are only 62 years unexpired on my flat in Sprowston. I need to get lease extension but my freeholder is can not be found. What should I do?

If you meet the appropriate requirements, 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. However, you will be required to demonstrate that you have made all reasonable attempts to track down the lessor. For most situations an enquiry agent may be useful to carry out a search and prepare an expert document which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on investigating the landlord’s disappearance and the application to the County Court covering Sprowston.

I've found a house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have since discovered that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Sprowston. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Sprowston ?

Most houses in Sprowston 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 apparent that you are purchasing in Sprowston in which case you should be shopping around for a Sprowston conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’sconsent to conduct changes to the property. You may also be required to pay a service charge towards the upkeep of the communal areas where the house is part of an estate. Your conveyancer will report to you on the legal implications.

I've recently bought a leasehold house in Sprowston. Do I have any liability for 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. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure 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).

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

When appointing a property lawyer for lease extension works (regardless if they are a Sprowston 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 Sprowston 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:

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

Are there frequently found problems that you witness in leases for Sprowston properties?

There is nothing unique about leasehold conveyancing in Sprowston. All leases are unique and legal mistakes in the legal wording can result in certain provisions are not included. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the premises
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You could encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, The Royal Bank of Scotland, and Platform Home Loans Ltd all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to withdraw.

Sprowston Leasehold Conveyancing - Sample of Questions you should ask Prior to Purchasing

Is the freehold owned jointly by the leaseholders? Plenty Sprowston leasehold apartments will incur a service charge for the upkeep of the building levied by the landlord. Should you acquire the apartment you will have to meet this amount, normally quarterly throughout the year. This may differ from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all probability there will be a ground rent for you to pay annual, this is usually not a large figure, say approximately £50-£100 but you should to check as sometimes it can be prohibitively expensive. The best form of lease structure is where the freehold reversion is in the ownership of the leaseholders. In this arrangement the tenants have being in charge if their destiny and although a managing agent is often retained where the building is bigger than a house conversion, the managing agent is directed by the tenants.

Other Topics

Lease Extensions in Sprowston