Having checked my lease I have discovered that there are only 72 years left on my lease in Bideford. I need to extend my lease but my landlord is can not be found. What options are available to me?

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 for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to track down the landlord. On the whole a specialist would be helpful to conduct investigations and to produce a report to be used as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s absence and the vesting order request to the County Court overseeing Bideford.

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a great price which is making it more attractive. I have subsequently found out that it's a leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Bideford. Conveyancing advisers have are soon to be appointed. Will they explain the issues?

Most houses in Bideford are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Bideford so you should seriously consider shopping around for a Bideford conveyancing solicitor and be sure that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’sconsent to conduct changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is part of an estate. Your conveyancer will report to you on the legal implications.

I've recently bought a leasehold property in Bideford. Am I liable to pay service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous owner 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 ensure 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).

Can you offer any advice when it comes to finding a Bideford conveyancing firm to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Bideford conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Bideford conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• How familiar is the practice with lease extension legislation?

How many lease extensions has the firm carried out in Bideford in the last year?

Completion in due on the disposal of our £125000 flat in Bideford on Friday in a week. The management company has quoted £408 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Bideford?

Bideford conveyancing on leasehold maisonettes normally involves fees being levied by managing agents :

• Completing conveyancing due diligence enquiries
• Where consent is required before sale in Bideford
• Copies of the building insurance and schedule
• 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 Bideford leasehold property is £350. For Bideford 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 required to supply answers.

Bideford Leasehold Conveyancing - Sample of Queries Prior to Purchasing

What prohibitions exist in the Bideford Lease? Is there a share of the freehold? It would be prudent to find out as much as possible about the managing agents as they will either make life much easier or uncomfortable. As the proprietor of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to every day issues like the cleanliness of the communal areas. You should not be shy to ask other tenants what they think of them. In conclusion, find out the dates that you are obliged pay the service charge to the managing agents and precisely what it includes.

Other Topics

Lease Extensions in Bideford