I only have 72 years unexpired on my flat in St Mawes. I now want to get lease extension but my landlord is missing. What should I do?

On the basis that 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 Court. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to track down the lessor. On the whole an enquiry agent would be helpful to conduct investigations and prepare an expert document which can be used as proof that the landlord can not be located. It is advisable to get professional help from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court covering St Mawes.

I have just started marketing my basement flat in St Mawes.Conveyancing is yet to be initiated but I have just had a yearly service charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should clear the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

Last month I purchased a leasehold house in St Mawes. Do I have any liability for service charges relating to a period prior to completion of my purchase?

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 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).

What advice can you give us when it comes to appointing a St Mawes conveyancing practice to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a St Mawes conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you talk with two or three firms including non St Mawes conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

• Can they put you in touch with client in St Mawes who can give a testimonial?
• What are the charges for lease extension conveyancing?

Do you have any top tips for leasehold conveyancing in St Mawes from the point of view of saving time on the sale process?

• Much of the delay in leasehold conveyancing in St Mawes can be avoided where you get in touch lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold information needed by the purchasers’ solicitors.
• Many landlords or managing agents in St Mawes levy fees for supplying management packs for a leasehold homes. You or your lawyers should discover 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 obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in St Mawes.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? St Mawes leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord consenting to such alterations. Should you fail to have the paperwork in place do not communicate with the landlord without contacting your conveyancer before hand.
• If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share certificate. Organising a re-issued share certificate is often a lengthy process and slows down many a St Mawes conveyancing deal. Where a reissued share is necessary, do contact the company officers or managing agents (if relevant) for this sooner rather than later.
• You may think that you are aware of the number of years remaining on your lease but you should double-check via your solicitors. A buyer’s conveyancer will be unlikely to recommend their client to where the remaining number of years is below 80 years. It is therefore essential at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

Leasehold Conveyancing in St Mawes - Sample of Questions you should ask before buying

How much is the service charge and ground rent on the property? You should want to find out as much as possible concerning the managing agents as they can either make living at the property much simpler or uncomfortable. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to every day matters like the upkeep of the common parts. Enquire of other people whether they are happy with their service. In conclusion, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money.