Having checked my lease I have discovered that there are only Sixty One years remaining on my lease in Downend. I am keen to get lease extension but my freeholder is can not be found. What should I do?

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 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 prove that you have done all that could be expected to locate the lessor. In some cases a specialist would be helpful to carry out a search and prepare a report which can be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to investigating the landlord’s absence and the vesting order request to the County Court overseeing Downend.

I have just started marketing my 2 bed apartment in Downend.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly service charge demand – what should I do?

Your conveyancing lawyer is likely to suggest that you should clear the invoice 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. Having a clear account will assist your cause and will leave you no worse off financially.

I work for a reputable estate agency in Downend where we have witnessed a few leasehold sales put at risk due to short leases. I have been given inconsistent advice from local Downend conveyancing solicitors. Can you clarify whether the seller of a flat can initiate the lease extension formalities for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

What are your top tips when it comes to choosing a Downend conveyancing firm to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Downend conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Downend conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

• How many lease extensions has the firm conducted in Downend in the last year?
• What are the legal fees for lease extension work?

Do you have any top tips for leasehold conveyancing in Downend with the intention of saving time on the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Downend can be avoided where you appoint lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information which will be required by the buyers representatives.
• In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Downend leases often stipulate that internal structural changes or addition of wooden flooring require a licence from the Landlord approving such alterations. Should you fail to have the consents in place you should not communicate with the landlord without checking with your lawyer in the first instance.
• If you have had any disputes with your freeholder or managing agents it is essential that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be warry about purchasing a flat where a dispute is ongoing. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic as opposed to unsettled.
• If you hold a share in a the Management Company, you should ensure that you hold the original share certificate. Arranging a duplicate share certificate is often a time consuming formality and slows down many a Downend home move. Where a reissued share certificate is needed, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.
• You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this via your conveyancers. A buyer’s conveyancer will not be happy to advise their client to to exchange contracts if the lease term is under 75 years. It is therefore important at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

I am the registered owner of a split level flat in Downend, conveyancing having been completed 2010. Can you give me give me an indication of the likely cost of a lease extension? Similar properties in Downend with an extended lease are worth £170,000. The average or mid-range amount of ground rent is £65 invoiced every year. The lease ceases on 21st October 2104

With 78 years left to run we estimate the premium for your lease extension to span between £10,500 and £12,000 as well as plus your own and the landlord's "reasonable" professional fees.

The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There may be other concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Please do not take any other action based on this information before getting professional advice.