Fixed-fee leasehold conveyancing in Dockland Settlement:

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Frequently asked questions relating to Dockland Settlement leasehold conveyancing

I only have 72 years remaining on my flat in Dockland Settlement. I am keen to extend my lease but my freeholder is absent. What should I do?

If 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 enable the lease to be granted an extra 90 years by the Court. However, you will be required to demonstrate that you have done all that could be expected to locate the landlord. For most situations an enquiry agent should be helpful to try and locate and to produce a report which can be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s absence and the vesting order request to the County Court overseeing Dockland Settlement.

Expecting to sign contracts shortly on a studio apartment in Dockland Settlement. Conveyancing lawyers assured me that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?

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

  • The unexpired lease term You should be advised as what happens when the lease expires, and aware of the importance of the 80 year mark
  • Will you be prohibited or prevented from having pets in the property?
  • Whether your lease has a provision for a reserve fund?
  • Repair and maintenance of the flat
  • Changes to the flat (alterations and additions)
  • 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
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For a comprehensive list of information to be included in your report on your leasehold property in Dockland Settlement please enquire of your conveyancer in ahead of your conveyancing in Dockland Settlement

    • I own a leasehold flat in Dockland Settlement. Conveyancing and Bank of Ireland mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Dockland Settlement who previously acted has now retired.Do I pay?

    The first thing you should do is make enquiries of the Land Registry to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. You do not need to instruct a Dockland Settlement conveyancing solicitor to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Last month I purchased a leasehold flat in Dockland Settlement. Do I have any liability for service charges relating to a period prior to my ownership?

    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. It is an essential part 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 Dockland Settlement with the aim of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Dockland Settlement can be avoided if you appoint lawyers the minute you market your property and ask them to put together the leasehold information which will be required by the buyers solicitors.
    • The majority landlords or managing agents in Dockland Settlement charge for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Dockland Settlement.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Dockland Settlement leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence from the Landlord approving such changes. Should you fail to have the paperwork in place do not contact the landlord without contacting your lawyer before hand.
  • Some Dockland Settlement leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you have the original share document. Arranging a duplicate share certificate can be a time consuming process and frustrates many a Dockland Settlement home move. Where a reissued share is needed, you should approach the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

    • I inherited a ground floor flat in Dockland Settlement. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the premium due for the purchase of the freehold?

    Absolutely. We are happy to put you in touch with a Dockland Settlement conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a Dockland Settlement property is 73 Walerand Road in August 2012. the result of the findings of the Tribunal led to a premium to be paid for the extended lease in respect of Flat 73 in the sum of £10,040. The premium applicable in respect of Flat 85 was £5,710. This case was in relation to 2 flats. The unexpired lease term was 72 years.

    Other Topics

    Lease Extensions in Dockland Settlement