Experts for Leasehold Conveyancing in Bexleyheath

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Questions and Answers: Bexleyheath leasehold conveyancing

Having checked my lease I have discovered that there are only Fifty years unexpired on my lease in Bexleyheath. I now wish 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 submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to locate the lessor. For most situations an enquiry agent would be useful to carry out a search and to produce an expert document to be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on devolving into the landlord’s absence and the vesting order request to the County Court covering Bexleyheath.

My wife and I purchased a leasehold flat in Bexleyheath. Conveyancing and Platform Home Loans Ltd mortgage organised. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Bexleyheath who previously acted has now retired.Do I pay?

First make enquiries of the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Bexleyheath conveyancing lawyer to do this as it can be done on-line for £3. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am a negotiator for a reputable estate agent office in Bexleyheath where we see a few flat sales derailed as a result of short leases. I have been given conflicting advice from local Bexleyheath conveyancing firms. Please can you shed some light as to whether the vendor of a flat can instigate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has owned the lease 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 for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder 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 offer any advice when it comes to finding a Bexleyheath conveyancing practice to carry out our lease extension conveyancing?

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

  • What volume of lease extensions have they carried out in Bexleyheath in the last 12 months?
  • Can they put you in touch with client in Bexleyheath who can give a testimonial?

    • Can you provide any advice for leasehold conveyancing in Bexleyheath with the purpose of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Bexleyheath can be reduced if you instruct lawyers as soon as you market your property and request that they start to collate the leasehold documentation needed by the purchasers’ representatives.
    • Many freeholders or managing agents in Bexleyheath charge for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management pack sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Bexleyheath.
  • If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Bexleyheath leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence from the Landlord approving such changes. Should you dont have the consents in place you should not communicate with the landlord without contacting your lawyer in the first instance.
  • A minority of Bexleyheath leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • If you hold a share in a the Management Company, you should ensure that you have the original share document. Arranging a new share certificate is often a time consuming process and frustrates many a Bexleyheath conveyancing transaction. Where a new share is needed, you should approach the company officers or managing agents (if relevant) for this sooner rather than later.

    • I am the proprietor of a ground floor flat in Bexleyheath. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal make a decision on the premium payable for a lease extension?

    if there is a absentee landlord or if there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to assess the price.

    An example of a Lease Extension matter before the tribunal for a Bexleyheath residence is Various @ Colombus Square in January 2012. the Tribunal calculated the premiums to be paid for new leases for each of the flats in Mariners Walk to be £3822 and the premium to be paid for the new lease of 2 Knights Court to be £4439. This case affected 13 flats. The unexpired lease term was 76 years.

    Other Topics

    Lease Extensions in Bexleyheath