I am in need of some leasehold conveyancing in Carlton. Before diving in I want to be sure as to the remaining lease term.

Assuming the lease is recorded at the land registry - and most are in Carlton - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I have recently realised that I have Seventy years remaining on my lease in Carlton. I now wish to extend my lease but my freeholder is missing. 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 enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to prove that you or your lawyers have done all that could be expected to track down the freeholder. For most situations a specialist may be useful to try and locate and prepare an expert document which can be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the vesting order request to the County Court overseeing Carlton.

Due to complete next month on a leasehold property in Carlton. Conveyancing lawyers inform me that they are sending me a report on Monday. What should I be looking out for?

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

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

The physical extent of the premises. This will be the apartment itself but might incorporate a roof space or basement if appropriate.

Setting out your rights in respect of common areas in the building.By way of example, does the lease contain a right of way over an accessway or staircase?

Does the lease prevent you from letting out the property, or working from home

Ground rent - how much and when you need to pay, and also know whether this will change in the future

I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required

What options are open to you if a neighbour is in violation of a provision in their lease? For details of the information to be included in your report on your leasehold property in Carlton please ask your solicitor in advance of your conveyancing in Carlton

I have just appointed agents to market my ground floor apartment in Carlton.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly maintenance charge invoice – what should I do?

The sensible thing to do is clear 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.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £450000 garden flat in Carlton in just under a week. The landlords agents has quoted £360 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Carlton?

Carlton conveyancing on leasehold flats usually results in fees being invoiced by managing agents :

• Addressing pre-contract enquiries
• Where consent is required before sale in Carlton
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Carlton leasehold property is £350. For Carlton 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 the information.

Carlton Leasehold Conveyancing - Sample of Questions you should ask Prior to buying

Please note that where the lease has fewer than eighty years it will affect the salability of the flat. It is worth checking with your mortgage company that they are happy with the length of the lease. Leases with less than 80 years remaining means that you will almost definitely have to extend the lease sooner rather than later and it is worth finding out what this would cost. For most Carltonlease extensions you would be be obliged to have owned the residence for 24 months before you are eligible to extend the lease. It is important to be aware if window replacement or some other significant cost is coming up to be shared by the leaseholders and will materially increase the the service fees or result in a specific invoice. You will want to find out as much as you can about the managing agents as they will either make your living at the property much easier or uncomfortable. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to daily matters like the cleanliness of the common parts. You should not be shy to ask prospective neighbours if they are happy with them. Finally, be sure you understand the dates that the service fees are due to the relevant party and specifically how they are spending that money.

Other Topics

Lease Extensions in Carlton