Having checked my lease I have discovered that there are only Fifty years unexpired on my flat in Chaddesden. I now want to extend my lease but my landlord is absent. What options are available to me?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to prove that you or your lawyers have made all reasonable attempts to track down the lessor. In some cases an enquiry agent would be useful to conduct investigations and prepare a report which can be used as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s absence and the application to the County Court covering Chaddesden.

I've found a house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have since found out that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in Chaddesden. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?

The majority of houses in Chaddesden are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Chaddesden in which case you should be looking for a Chaddesden conveyancing solicitor and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’spermission to conduct changes to the property. You may also be required to pay a contribution towards the maintenance of the communal areas where the house is part of an estate. Your solicitor will advise you fully on all the issues.

I am looking at a couple of flats in Chaddesden both have approximately 50 years unexpired on the lease term. Will this present a problem?

There are plenty of short leases in Chaddesden. The lease is a legal document that entitles you to use the property for a prescribed time frame. As a lease shortens the value of the lease decreases and it becomes more costly to acquire a lease extension. This is why it is often a good idea to extend the lease term. Sometimes it is difficult to sell a property with a short lease as mortgage companies less inclined to grant a loan on properties of this type. Lease extension can be a difficult process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this area

All being well we will complete the disposal of our £500000 flat in Chaddesden in just under a week. The managing agents has quoted £348 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Chaddesden?

Chaddesden conveyancing on leasehold flats usually requires the buyer’s lawyer submitting questions for the landlord to address. Although the landlord is under no legal obligation to respond to these enquiries the majority will be willing to do so. They are entitled charge a reasonable charge for responding to enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some situations it exceeds £800. The administration charge invoiced by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration charges, otherwise the charge is technically not due. In reality one has little choice but to pay whatever is requested of you if you want to exchange contracts with the buyer.

In relation to leasehold conveyancing in Chaddesden what are the most frequent lease defects?

There is nothing unique about leasehold conveyancing in Chaddesden. All leases is drafted differently and drafting errors can result in certain clauses are erroneous. 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.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, Virgin Money, and TSB all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to pull out.

Chaddesden Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing

In the main the cost for major works tend not to be wrapped into the maintenance charges, albeit that there some managing agents in Chaddesden ask leaseholders to contribute towards a reserve fund and this is used to offset against larger repairs or maintenance. How much is the service charge and ground rent on the flat? The best form of lease structure is a share of the freehold. In this scenario the tenants benefit from control and although a managing agent is frequently employed where the building is larger than a house conversion, the managing agent retained by the leaseholders.

Other Topics

Lease Extensions in Chaddesden