I am in need of some leasehold conveyancing in Arkley. Before diving in I require certainty as to the remaining lease term.

If the lease is recorded at the land registry - and almost all are in Arkley - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Having checked my lease I have discovered that there are only 68 years remaining on my flat in Arkley. I need to extend my lease but my landlord is missing. What should I do?

On the basis that you meet the appropriate requirements, 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 mean that your lease can be granted an extra 90 years by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to track down the freeholder. In some cases an enquiry agent would be useful to conduct investigations and prepare a report which can be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a conveyancer both on investigating the landlord’s absence and the vesting order request to the County Court covering Arkley.

What are your top tips when it comes to appointing a Arkley conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for lease extension works (regardless if they are a Arkley conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non Arkley conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

• If they are not ALEP accredited then what is the reason?
• Can they put you in touch with client in Arkley who can give a testimonial?

Do you have any advice for leasehold conveyancing in Arkley from the perspective of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Arkley can be reduced where you appoint lawyers as soon as you market your property and request that they start to collate the leasehold documentation which will be required by the buyers conveyancers.
• The majority landlords or Management Companies in Arkley levy fees for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Arkley.
• In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Arkley leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord consenting to such changes. Should you dont have the paperwork to hand do not communicate with the landlord without contacting your conveyancer first.
• If you hold a share in a the Management Company, you should make sure that you have the original share document. Organising a new share certificate can be a lengthy formality and frustrates many a Arkley home move. If a reissued share certificate is needed, do contact the company director and secretary or managing agents (where relevant) for this sooner rather than later.
• You may think that you are aware of the number of years remaining on your lease but you should double-check via your conveyancers. A purchaser's conveyancer will be unlikely to recommend their client to where the lease term is below 75 years. In the circumstances it is essential at an early stage that you consider 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.

After years of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Arkley. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

Where there is a absentee freeholder or if there is dispute about the premium for a lease extension, under the relevant legislation you can apply to the Leasehold Valuation Tribunal to make a decision on the price payable.

An example of a Lease Extension case for a Arkley flat is Ground Floor Maisonette 17 Milton Road in January 2014. The Tribunal determined the premium payable by the Applicant to the should be £13,299 This case was in relation to 1 flat. The remaining number of years on the lease was 71.73 years.

What makes a Arkley lease unmortgageable?

There is nothing unique about leasehold conveyancing in Arkley. All leases are unique and drafting errors can sometimes mean that certain clauses are erroneous. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts 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

You may have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Skipton Building Society, and Clydesdale 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 purchaser to withdraw.

Arkley Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

How much is the service charge and ground rent on the property? Are any of leasehold owners in dispute over their service charge payments?