I am in need of some leasehold conveyancing in Brimsdown. Before I set the wheels in motion I would like to find out the unexpired term of the lease.

Assuming the lease is registered - and 99.9% are in Brimsdown - then the leasehold title will always include the short particulars 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.

I only have 72 years unexpired on my lease in Brimsdown. I now want to get lease extension but my freeholder is missing. What should I do?

On the basis that 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. However, you will be required to demonstrate that you have done all that could be expected to locate the landlord. In some cases a specialist may be helpful to conduct investigations and prepare a report to be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a conveyancer in relation to investigating the landlord’s absence and the application to the County Court overseeing Brimsdown.

I am looking at a couple of maisonettes in Brimsdown both have about forty five years left on the lease term. Should I regard a short lease as a deal breaker?

A lease is a right to use the property for a period of time. As a lease shortens the saleability of the lease deteriorate and results in it becoming more expensive to extend the lease. For this reason it is advisable to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease as mortgage companies may be reluctant to lend money on properties of this type. Lease extension can be a protracted process. We advise that you seek professional help from a conveyancer and surveyor with experience in this field

Last month I purchased a leasehold flat in Brimsdown. Am I liable to pay service charges relating to a period prior to my ownership?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Can you provide any top tips for leasehold conveyancing in Brimsdown from the point of view of expediting the sale process?

• Much of the delay in leasehold conveyancing in Brimsdown can be bypassed where you appoint lawyers the minute your agents start marketing the property and request that they start to put together the leasehold documentation needed by the buyers representatives.
• Many freeholders or managing agents in Brimsdown levy fees for supplying management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Brimsdown.
• In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Brimsdown leases often stipulate that internal structural changes or laying down wooden flooring require a licence from the Landlord consenting to such works. Should you fail to have the approvals to hand do not contact the landlord without checking with your solicitor before hand.
• If you have had any disputes with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be concerned about purchasing a property where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic as opposed to unresolved.
• If you have the benefit of shareholding in the freehold, you should ensure that you hold the original share document. Arranging a re-issued share certificate is often a lengthy formality and slows down many a Brimsdown conveyancing transaction. If a new share certificate is needed, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.

We have reached the end of our tether in trying to purchase the freehold in Brimsdown. Can this matter be resolved via the Leasehold Valuation Tribunal?

You certainly can. We can put you in touch with a Brimsdown conveyancing firm who can help.

An example of a Vesting Order and Purchase of freehold matter before the tribunal for a Brimsdown property is Ground Floor Flat 4A Baronet Road in February 2010. Following a vesting order by Edmonton County Court on 23rd December 2008 (case number 8ED064) the Tribunal decided that the price that the Applicant for the freehold interest should pay is £8,689.00 This case related to 2 flats. The unexpired term was 80.01 years.

I acquired a basement flat in Brimsdown, conveyancing was carried out 2011. Can you shed any light on how much the price could be for a 90 year extension to my lease? Corresponding properties in Brimsdown with an extended lease are worth £199,000. The ground rent is £65 charged once a year. The lease finishes on 21st October 2092

You have 66 years remaining on your lease we estimate the premium for your lease extension to range between £14,300 and £16,400 as well as plus your own and the landlord's "reasonable" professional fees.

The figure above a general guide to costs for renewing a lease, but we are not able to provide the actual costs without more detailed due diligence. Do not use this information in tribunal or court proceedings. There may be other issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information before seeking the advice of a professional.