There are only Sixty One years unexpired on my flat in Farnham Common. I need to get lease extension but my freeholder is can not be found. What options are available to me?

If 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 magistrate. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to locate the lessor. In some cases a specialist would be useful to conduct investigations and to produce an expert document which can be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to devolving into the landlord’s disappearance and the application to the County Court overseeing Farnham Common.

Estate agents have just been given the go-ahead to market my ground floor flat in Farnham Common.Conveyancing is yet to be initiated but I have just received a half-yearly service charge demand – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should discharge 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 until 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've found a house that seems to be perfect, at a great figure which is making it more attractive. I have just discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Farnham Common. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?

The majority of houses in Farnham Common are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are purchasing in Farnham Common in which case you should be shopping around for a Farnham Common conveyancing solicitor and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example obtaining the landlord’spermission to conduct alterations. It may be necessary to pay a contribution towards the upkeep of the estate where the property is located on an estate. Your solicitor will report to you on the legal implications.

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

• Much of the frustration in leasehold conveyancing in Farnham Common can be reduced if you appoint lawyers as soon as you market your property and request that they start to put together the leasehold documentation which will be required by the buyers lawyers.
• Many landlords or managing agents in Farnham Common levy fees for supplying management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Farnham Common.
• If you have had any disputes with your landlord or managing agents it is essential that these are resolved before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is ongoing. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as historic as opposed to unresolved.
• If you hold a share in a the freehold, you should make sure that you hold the original share certificate. Obtaining a re-issued share certificate is often a time consuming process and slows down many a Farnham Common home move. Where a reissued share is needed, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible.
• You believe that you know the number of years left on your lease but it would be wise to verify this by asking your solicitors. A purchaser's conveyancer will be unlikely to recommend their client to where the lease term is less than 75 years. It is therefore important at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

Are there frequently found problems that you encounter in leases for Farnham Common properties?

There is nothing unique about leasehold conveyancing in Farnham Common. Most leases are individual and drafting errors can sometimes mean that certain sections are missing. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the building
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Virgin Money, and Britannia all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the buyer to withdraw.

Farnham Common Leasehold Conveyancing - A selection of Queries before Purchasing

Are there any major works in the near future that will likely increase the maintenance charges? For many Farnham Common leaseholds the cost for major works tend not to be included within service charges, albeit that there some managing agents in Farnham Common require leasehold owners to pay into a sinking fund and this is used to offset against major works. Where a Farnham Common lease has less than eighty years it will have adverse implications on the marketability of the flat. Check with your bank that they are content with remaining years on the lease. Leases with fewer than 80 years remaining means that you will probably need a lease extension at some point and it is worth discovering how much this will be. For most Farnham Commonlease extensions you will be be obliged to have been the owner of the premises for two years in order to be entitled to carry out a lease extension.