Having checked my lease I have discovered that there are only 62 years left on my flat in Thornhill. I am keen 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 for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. You will be obliged to prove that you have made all reasonable attempts to locate the landlord. For most situations a specialist would be helpful to carry out a search and prepare a report to be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer both on proving the landlord’s absence and the vesting order request to the County Court overseeing Thornhill.

I've found a house that appears to be perfect, at a reasonable price which is making it more attractive. I have since been informed that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Thornhill. Conveyancing solicitors have are about to be appointed. Will they explain the issues?

Most houses in Thornhill are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are buying in Thornhill in which case you should be shopping around for a Thornhill conveyancing practitioner and be sure that they are used to advising on leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the landlord’spermission to carry out changes to the property. It may be necessary to pay a service charge towards the upkeep of the estate where the house is located on an estate. Your solicitor will report to you on the legal implications.

I am looking at a couple of flats in Thornhill both have about fifty years unexpired on the lease term. should I be concerned?

There are plenty of short leases in Thornhill. The lease is a legal document that entitles you to use the premises for a prescribed time frame. As the lease shortens the marketability of the lease deteriorate and results in it becoming more expensive to extend the lease. For this reason it is generally wise to increase the term of the lease. It is often difficult to sell a property with a short lease as mortgage companies may be reluctant to lend money on such properties. Lease enfranchisement can be a difficult process. We recommend you seek professional assistance from a conveyancer and surveyor with experience in this area

What are your top tips when it comes to finding a Thornhill conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Thornhill conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Thornhill conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• How familiar is the firm with lease extension legislation?

What are the frequently found deficiencies that you come across in leases for Thornhill properties?

Leasehold conveyancing in Thornhill is not unique. Most leases are unique and legal mistakes in the legal wording can result in certain sections are not included. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain elements of the building
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You will have 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. Nationwide Building Society, Skipton Building Society, and Alliance & Leicester all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the buyer to withdraw.

Thornhill Leasehold Conveyancing - A selection of Queries Prior to Purchasing

How many of the leaseholders are in arrears for their service charge payments? On the whole the outlay for major works tend not to be incorporated into the maintenance charges, although there some managing agents in Thornhill ask leasehold owners to contribute towards a sinking fund created for the specific intention of building a fund for major repairs or maintenance. Is anyone aware of any major works on the horizon that will likely increase the service costs?

Other Topics

Lease Extensions in Thornhill