Having had my offer accepted I require leasehold conveyancing in Wilberfoss. Before I get started I would like to find out the remaining lease term.

Assuming the lease is recorded at the land registry - and 99.9% are in Wilberfoss - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

There are only 72 years unexpired on my lease in Wilberfoss. I need to extend my lease but my freeholder is absent. What options are available to me?

If you qualify, 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 prove that you or your lawyers have used your best endeavours to track down the lessor. For most situations an enquiry agent would be useful to carry out a search and prepare an expert document which can be used as proof that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to devolving into the landlord’s absence and the application to the County Court covering Wilberfoss.

I've found a house that seems to meet my requirements, at a reasonable figure which is making it all the more appealing. I have since discovered that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a leasehold house in Wilberfoss. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Wilberfoss ?

The majority of houses in Wilberfoss are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are purchasing in Wilberfoss in which case you should be shopping around for a Wilberfoss conveyancing solicitor and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’spermission to carry out alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the house is part of an estate. Your conveyancer will appraise you on the various issues.

I've recently bought a leasehold flat in Wilberfoss. Am I liable to pay service charges relating to a period prior to my ownership?

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. Strange as it may seem, 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 finding a Wilberfoss conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Wilberfoss conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Wilberfoss conveyancing practices prior to instructing a firm. If the firm 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?

Wilberfoss Leasehold Conveyancing - Sample of Queries before buying

Best to be warned if fixing the lift or some other major work is pending to be shared by the leaseholders and will materially impact the level of the maintenance costs or result in a specific payment. The best form of lease structure is where the freehold interest is in the ownership of the leaseholders. In this scenario the lessees benefit from control and notwithstanding that a managing agent is often employed where it is larger than a house conversion, the managing agent retained by the leaseholders. Plenty Wilberfoss leasehold properties will have a service bill for the upkeep of the building invoiced on behalf of the landlord. Where you acquire the property you will have to meet this liability, normally periodically throughout the year. This may vary from two or three hundred pounds to thousands of pounds for blocks with lifts and large communal areas. There will also be a ground rent to be met yearly, ordinarily this is not a significant amount, say about £50-£100 but you should to enquire as on occasion it can be prohibitively expensive.

Other Topics

Lease Extensions in Wilberfoss