Having checked my lease I have discovered that there are only Sixty One years unexpired on my lease in Torpoint. I am keen to extend my lease but my freeholder 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 mean that your lease can be lengthened by the magistrate. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to find the freeholder. In some cases a specialist may be useful to carry out a search and prepare a report which can be used as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s absence and the application to the County Court overseeing Torpoint.

Due to sign contracts shortly on a studio apartment in Torpoint. Conveyancing lawyers have said that they will have a report out to me next week. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Torpoint should include some of the following:

• The total extent of the demise. This will be the property itself but could also incorporate a roof space or basement if appropriate.

Will you be prohibited or prevented from having pets in the property?

Does the lease prevent you from renting out the flat, or working from home

Ground rent - how much and when you need to pay, and also know whether this is subject to change

Changes to the flat (alterations and additions)

I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required

The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For details of the information to be included in your report on your leasehold property in Torpoint please ask your lawyer in advance of your conveyancing in Torpoint

I have just started marketing my ground floor apartment in Torpoint.Conveyancing lawyers have not yet been instructed but I have just received a yearly service charge invoice – should I leave it to the buyer to sort out?

It best that you discharge 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 managing agents will not acknowledge the buyer unless 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.

What are your top tips when it comes to appointing a Torpoint conveyancing practice to deal with our lease extension?

When appointing a property lawyer for lease extension works (regardless if they are a Torpoint conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with two or three firms including non Torpoint conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

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

What are the charges for lease extension conveyancing?

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £275000 apartment in Torpoint next Tuesday . The freeholder has quoted £300 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Torpoint?

For most leasehold sales in Torpoint conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Addressing pre-exchange questions
• Where consent is required before sale in Torpoint
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Torpoint leasehold property is £350. For Torpoint conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply answers.

I own a 1st floor flat in Torpoint, conveyancing having been completed in 2004. Can you work out an approximate cost of a lease extension? Corresponding flats in Torpoint with a long lease are worth £264,000. The ground rent is £65 charged once a year. The lease expires on 21st October 2099

With 75 years unexpired the likely cost is going to range between £10,500 and £12,000 as well as professional fees.

The figure above a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure in the absence of comprehensive investigations. Do not use the figures in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information before seeking the advice of a professional.

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Lease Extensions in Torpoint