Having checked my lease I have discovered that there are only 72 years left on my lease in Allestree. I need to get lease extension but my freeholder is absent. What should I do?

On the basis that you qualify, 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 granted an extra 90 years by the Court. You will be obliged to demonstrate that you have done all that could be expected to find the freeholder. For most situations a specialist should be helpful to conduct investigations and to produce a report which can be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the application to the County Court covering Allestree.

I have just appointed agents to market my garden apartment in Allestree.Conveyancing lawyers have not yet been instructed but I have just received a yearly maintenance charge demand – 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.

I today plan to offer on a house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have since found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Allestree. Conveyancing advisers have not yet been appointed. Will they explain the issues?

Most houses in Allestree are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Allestree in which case you should be shopping around for a Allestree conveyancing practitioner and be sure that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’sconsent to conduct alterations. It may be necessary to pay a contribution towards the maintenance of the communal areas where the property is located on an estate. Your lawyer will report to you on the legal implications.

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

If you are instructing a property lawyer for your lease extension (regardless if they are a Allestree conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Allestree conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

• How experienced is the firm with lease extension legislation?

Completion in due on the sale of our £150000 flat in Allestree next Tuesday . The freeholder has quoted £372 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Allestree?

Allestree conveyancing on leasehold maisonettes normally necessitates the purchaser’s solicitor sending enquiries for the landlord to address. Although the landlord is not legally bound to answer these enquiries the majority will be content to do so. They are at liberty levy a reasonable charge for responding to questions or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is over three hundred pounds, in some situations it is above £800. The management information fee invoiced by the landlord must be sent together with a summary of entitlements and obligations in respect of administration charges, without which the charge is not strictly payable. Reality however dictates that you have little choice but to pay whatever is requested of you if you want to sell the property.

Leasehold Conveyancing in Allestree - A selection of Questions you should consider Prior to Purchasing

Are there any major works in the planning that will likely add a premium to the maintenance fees? The majority of Allestree leasehold flats will have a service charge for maintenance of the block invoiced on behalf of the management company. Should you buy the apartment you will have to pay this contribution, normally periodically throughout the year. This may vary from several hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. There will also be a ground rent to be met annual, this is usually not a large amount, say about £25-£75 but you should to check as occasionally it can be many hundreds of pounds. The best form of lease arrangement is a share of the freehold. In this situation the leaseholders have being in charge if their destiny and even though a managing agent is usually retained where it is bigger than a house conversion, the managing agent acts for the leaseholders themselves.

Other Topics

Lease Extensions in Allestree