I only have Fifty years unexpired on my lease in Aston. I now want to extend my lease but my freeholder is missing. What are my options?

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 extended by the Court. You will be obliged to prove that you or your lawyers have used your best endeavours to track down the landlord. For most situations a specialist may be helpful to try and locate and prepare a report which can be used as proof that the landlord can not be located. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s disappearance and the application to the County Court overseeing Aston.

Planning to sign contracts shortly on a leasehold property in Aston. Conveyancing solicitors assured me that they report fully next week. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Aston should include some of the following:

• The physical extent of the property. This will be the property itself but could also include a loft or basement if appropriate.

Defining your rights in respect of the communal areas in the building.E.G., does the lease include a right of way over a path or hallways?

Does the lease require carpeting throughout thus preventing wood flooring?

Does the lease prevent you from subletting the property, or working from home

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

You should have a good understanding of the insurance provisions

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide. For a comprehensive list of information to be included in your report on your leasehold property in Aston please ask your conveyancer in advance of your conveyancing in Aston

I have just started marketing my garden apartment in Aston.Conveyancing has not commenced but I have just had a half-yearly service charge demand – Do I pay up?

The sensible thing to do is pay the invoice 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 management companies will not acknowledge the buyer until 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. Having a clear account will assist your cause and will leave you no worse off financially.

Back In 2007, I bought a leasehold flat in Aston. Conveyancing and Skipton Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1996. The conveyancing practitioner in Aston who previously acted has now retired.What should I do?

First make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. There is no need to instruct a Aston conveyancing practitioner to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

We expect to complete the sale of our £300000 apartment in Aston next Tuesday . The managing agents has quoted £348 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Aston?

Aston conveyancing on leasehold apartments usually involves fees being levied by management companies :

• Answering conveyancing due diligence questions
• Where consent is required before sale in Aston
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Aston leasehold property is £350. For Aston 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 provide answers.

Aston Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

What prohibitions are contained in the Aston Lease? Plenty Aston leasehold flats will have a service bill for maintenance of the building invoiced by the management company. Should you acquire the property you will have to meet this liability, usually quarterly during the year. This can differ from a few hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all likelihood there will be a rentcharge to be met annual, normally this is not a large sum, say about £25-£75 but you should to check it because occasionally it could be many hundreds of pounds. How many of the leaseholders are in arrears for their maintenance charge payments?

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Lease Extensions in Aston