Having checked my lease I have discovered that there are only Fifty years unexpired on my lease in Buckhurst Hill. I need to extend my lease but my freeholder is absent. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to demonstrate that you have used your best endeavours to locate the lessor. For most situations a specialist may be useful to conduct investigations and prepare a report to be used as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer in relation to devolving into the landlord’s disappearance and the application to the County Court covering Buckhurst Hill.

My wife and I purchased a leasehold house in Buckhurst Hill. Conveyancing and Yorkshire Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Buckhurst Hill who previously acted has long since retired.Do I pay?

First contact HMLR to be sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Buckhurst Hill conveyancing solicitor to do this as it can be done on-line for a few pound. 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.

Last month I purchased a leasehold property in Buckhurst Hill. 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 lessee 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 provide any advice for leasehold conveyancing in Buckhurst Hill from the point of view of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Buckhurst Hill can be reduced where you appoint lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold documentation needed by the buyers solicitors.
• Many freeholders or managing agents in Buckhurst Hill charge for supplying management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Buckhurst Hill.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Buckhurst Hill state that internal structural alterations or installing wooden flooring require a licence issued by the Landlord approving such changes. Where you dont have the approvals to hand do not contact the landlord without contacting your lawyer before hand.
• If you have had any disputes with your landlord or managing agents it is essential that these are settled before the property is put on the market. The buyers and their solicitors will be nervous about purchasing a flat where a dispute is unresolved. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over rather than unresolved.
• If you hold a share in a the Management Company, you should make sure that you have the original share certificate. Arranging a re-issued share certificate can be a lengthy formality and delays many a Buckhurst Hill home move. Where a reissued share certificate is necessary, you should approach the company director and secretary or managing agents (if applicable) for this as soon as possible.

Having spent years of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Buckhurst Hill. Can we issue an application to the Residential Property Tribunal Service?

Most definitely. We are happy to put you in touch with a Buckhurst Hill conveyancing firm who can help.

An example of a Freehold Enfranchisement decision for a Buckhurst Hill premises is 201 & 201a St. Barnabas Road in October 2013. The Tribunal decided that the price to be paid by the Applicants for the freehold interest is £20,071. This case related to 2 flats. The the number of years remaining on the existing lease(s) was 69.26 years.

What are the common deficiencies that you come across in leases for Buckhurst Hill properties?

Leasehold conveyancing in Buckhurst Hill is not unique. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain provisions are missing. 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 have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Leeds Building Society, and Nottingham Building Society all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, forcing the purchaser to pull out.

Buckhurst Hill Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

Generally speaking the cost for major works are not incorporated into the maintenance charges, although some managing agents in Buckhurst Hill require tenants to contribute towards a reserve fund created for the specific intention of establishing a fund for larger works.