I have recently realised that I have Seventy years unexpired on my flat in Wimborne Minster. I am keen to extend my lease but my freeholder is missing. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application 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. You will be obliged to demonstrate that you have done all that could be expected to track down the lessor. On the whole an enquiry agent may be useful to try and locate and to produce a report to be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Wimborne Minster.

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a reasonable price which is making it more attractive. I have subsequently been informed that it's a leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Wimborne Minster. Conveyancing solicitors have are soon to be appointed. Will my lawyers set out the risks of buying a leasehold house in Wimborne Minster ?

The majority of houses in Wimborne Minster are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Wimborne Minster so you should seriously consider shopping around for a Wimborne Minster conveyancing solicitor and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’spermission to conduct changes to the property. You may also be required to pay a service charge towards the upkeep of the estate where the property is located on an estate. Your conveyancer should appraise you on the various issues.

Back In 2003, I bought a leasehold flat in Wimborne Minster. Conveyancing and Halifax mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1997. The conveyancing solicitor in Wimborne Minster who previously acted has long since retired.What should I do?

The first thing you should do is contact HMLR to be sure that this person is in fact the new freeholder. There is no need to instruct a Wimborne Minster conveyancing practitioner to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am employed by a reputable estate agent office in Wimborne Minster where we see a number of leasehold sales put at risk due to short leases. I have received inconsistent advice from local Wimborne Minster conveyancing solicitors. Can you confirm whether the owner of a flat can initiate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

What advice can you give us when it comes to appointing a Wimborne Minster conveyancing firm to carry out our lease extension conveyancing?

When appointing a property lawyer for lease extension works (regardless if they are a Wimborne Minster conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with several firms including non Wimborne Minster conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

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

Leasehold Conveyancing in Wimborne Minster - Sample of Questions you should consider before buying

Best to be warned whether window replacement or some other major work is due shortly to be shared by the tenants and may well materially increase the the maintenance costs or require a one time invoice. You will want to discover as much as possible about the managing agents as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to practical issues like the upkeep of the common parts. Ask other tenants whether they are happy with their management. On a final note, be sure you discover the dates that the service charges are due to the appropriate party and precisely what it includes. It would be sensible to enquire if there are any onerous prohibitions in the lease. By way of example it is fairly common in Wimborne Minster leases that pets are not allowed in certain buildings in Wimborne Minster. If you like the apartmentin Wimborne Minster however your dog is not allowed to move with you then you have a very difficult compromise.

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Lease Extensions in Wimborne Minster