I only have 72 years left on my lease in Flackwell Heath. I need to extend my lease but my freeholder is can not be found. 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 for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. You will be obliged to demonstrate that you have used your best endeavours to track down the lessor. In some cases an enquiry agent may be helpful to try and locate and to produce a report to be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s absence and the vesting order request to the County Court overseeing Flackwell Heath.

I own a leasehold house in Flackwell Heath. Conveyancing and Santander mortgage organised. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Flackwell Heath who acted for me is not around.Any advice?

First make enquiries of HMLR to make sure that this person is indeed the new freeholder. There is no need to instruct a Flackwell Heath conveyancing lawyer to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What advice can you give us when it comes to choosing a Flackwell Heath conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a Flackwell Heath conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Flackwell Heath conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

• Can they put you in touch with client in Flackwell Heath who can give a testimonial?

What are the legal fees for lease extension work?

All being well we will complete the sale of our £275000 flat in Flackwell Heath in nine days. The landlords agents has quoted £348 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Flackwell Heath?

For the majority of leasehold sales in Flackwell Heath conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing pre-contract enquiries
• Where consent is required before sale in Flackwell Heath
• Supplying insurance information
• 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 Flackwell Heath leasehold property is £350. For Flackwell Heath 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 provide answers.

What are the common deficiencies that you encounter in leases for Flackwell Heath properties?

There is nothing unique about leasehold conveyancing in Flackwell Heath. All leases are unique and legal mistakes in the legal wording can result in certain sections are not included. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the building
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• 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 primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, The Mortgage Works, and Platform Home Loans Ltd all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to pull out.

Flackwell Heath Conveyancing for Leasehold Flats - Sample of Questions you should ask before Purchasing

How many of the leaseholders are in arrears for their maintenance charge payments? Its a good idea to find out as much as you can regarding the company managing the building as they will either make your life much easier or a lot more difficult. Being a leasehold owner you are often in the clutches of the managing agents both financially and when it comes to practical issues such as the upkeep of the common parts. Enquire of other people if they are happy with their management. Finally, be sure you understand the dates that you are obliged pay the service charge to the managing agents and specifically how they are spending the funds. What is the yearly service fee and ground rent?

Other Topics

Lease Extensions in Flackwell Heath