I only have 68 years left on my lease in Biddenham. I now want to get lease extension but my freeholder is missing. What options are available to me?

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 mean that your lease can be lengthened by the magistrate. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to find the freeholder. On the whole a specialist may be helpful to conduct investigations and prepare a report which can be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to proving the landlord’s absence and the application to the County Court overseeing Biddenham.

I am hoping to sign contracts shortly on a studio apartment in Biddenham. Conveyancing solicitors inform me that they are sending me a report next week. Are there areas in the report that I should be focusing on?

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

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder

What are your top tips when it comes to finding a Biddenham conveyancing firm to carry out our lease extension conveyancing?

When appointing a conveyancer for lease extension works (regardless if they are a Biddenham conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non Biddenham conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:

• If they are not ALEP accredited then what is the reason?

If all goes to plan we aim to complete our sale of a £275000 maisonette in Biddenham in 5 days. The freeholder has quoted £396 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Biddenham?

Biddenham conveyancing on leasehold apartments usually necessitates the buyer’s solicitor submitting questions for the landlord to address. Although the landlord is not legally bound to address these enquiries the majority will be willing to do so. They are at liberty levy a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is over three hundred pounds, in some cases it exceeds £800. The management information fee levied by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration charges, without which the invoice is not strictly payable. In reality one has no option but to pay whatever is demanded if you want to exchange contracts with the buyer.

In relation to leasehold conveyancing in Biddenham what are the most frequent lease problems?

There is nothing unique about leasehold conveyancing in Biddenham. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain sections are not included. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the premises
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You will encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, The Mortgage Works, and Bank of Ireland all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the purchaser to withdraw.

Biddenham Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying

How many years are left on the lease? The best form of lease structure is where the freehold interest is owned by the leaseholders. In this arrangement the lessees have being in charge if their destiny and even though a managing agent is frequently employed where the building is larger than a house conversion, the managing agent is directed by the tenants. If a Biddenham lease has no more than 80 years it will affect the marketability of the apartment. Check with your mortgage company that they are content with the length of the lease. Leases with less than 80 years remaining means that you will almost definitely require a lease extension sooner rather than later and you need to have some idea of how much this will be. For most Biddenhamlease extensions you would need to own the property for two years in order to be legally able to extend the lease.

Other Topics

Lease Extensions in Biddenham