I only have Fifty years unexpired on my lease in Downend. I need to get lease extension but my landlord is can not be found. What options are available to me?

On the basis that 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 enable the lease to be lengthened by the Court. However, you will be required to prove that you have made all reasonable attempts to locate the freeholder. In some cases an enquiry agent would be useful to try and locate and prepare a report to be accepted by the court as proof that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s disappearance and the application to the County Court overseeing Downend.

I today plan to offer on a house that appears to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have subsequently found out that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a leasehold house in Downend. Conveyancing advisers have are soon to be instructed. Will they explain the issues?

Most houses in Downend are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. it is apparent that you are buying in Downend so you should seriously consider shopping around for a Downend conveyancing practitioner and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the freeholder’spermission to carry out alterations. You may also be required to pay a service charge towards the maintenance of the estate where the house is located on an estate. Your conveyancer will advise you fully on all the issues.

I work for a busy estate agent office in Downend where we have witnessed a number of leasehold sales jeopardised due to leases having less than 80 years remaining. I have received contradictory information from local Downend conveyancing firms. Can you shed some light as to whether the seller of a flat can start the lease extension process for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.

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.

Can you provide any advice for leasehold conveyancing in Downend with the purpose of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Downend can be bypassed where you appoint lawyers as soon as you market your property and request that they start to put together the leasehold information needed by the buyers lawyers.
• Many landlords or Management Companies in Downend charge for supplying management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for 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 common cause of frustration in leasehold conveyancing in Downend.

If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example installed wooden flooring? Downend leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord approving such works. Where you dont have the paperwork to hand you should not communicate with the landlord without checking with your conveyancer in the first instance.

If you are supposed to have a share in the Management Company, you should make sure that you have the original share document. Arranging a new share certificate is often a time consuming process and slows down many a Downend conveyancing deal. Where a new share is needed, do contact the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

You believe that you know the number of years remaining on your lease but you should double-check by asking your conveyancers. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is under 75 years. It is therefore essential at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

If all goes to plan we aim to complete our sale of a £200000 garden flat in Downend next week. The freeholder has quoted £408 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Downend?

Downend conveyancing on leasehold apartments normally necessitates fees being levied by management companies :

• Answering pre-exchange questions
• Where consent is required before sale in Downend
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Downend leasehold property is £350. For Downend 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 obliged to supply answers.

Downend Leasehold Conveyancing - Examples of Queries Prior to buying

Who manages the building? How many years remain on the lease? This information is helpful as a) areas could cause problems in the building as the communal areas may begin to deteriorate if repairs remain unpaid b) if the tenants have an issue with the running of the building you will wish to have full disclosure

Other Topics

Lease Extensions in Downend