I have recently realised that I have Seventy years unexpired on my flat in Brixton. I am keen to extend my lease but my freeholder is absent. What should I do?

On the basis that 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 mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to prove that you have made all reasonable attempts to track down the freeholder. On the whole an enquiry agent may be useful to try and locate and to produce an expert document which can be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a property lawyer both on investigating the landlord’s absence and the vesting order request to the County Court covering Brixton.

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great figure which is making it all the more appealing. I have subsequently been informed that it's a leasehold as opposed to freehold. I would have thought that there are issues purchasing a leasehold house in Brixton. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Brixton ?

Most houses in Brixton are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are buying in Brixton so you should seriously consider shopping around for a Brixton conveyancing solicitor and check that they are used to advising on leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the maintenance of the communal areas where the house is part of an estate. Your lawyer will advise you fully on all the issues.

What are your top tips when it comes to choosing a Brixton conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Brixton conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with two or three firms including non Brixton conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

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

Can you provide any advice for leasehold conveyancing in Brixton from the perspective of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Brixton can be reduced where you appoint lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information which will be required by the buyers lawyers.
• The majority freeholders or managing agents in Brixton levy fees for supplying management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Brixton.
• A minority of Brixton leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are 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 purchasers or their solicitors.
• If you hold a share in a the Management Company, you should make sure that you hold the original share document. Obtaining a replacement share certificate can be a lengthy process and slows down many a Brixton home move. Where a new share certificate is necessary, you should approach the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.
• You believe that you know the number of years left on your lease but it would be advisable verify this by asking your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to where the lease term is less than 80 years. It is therefore 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.

All being well we will complete the disposal of our £ 250000 flat in Brixton in just under a week. The management company has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Brixton?

Brixton conveyancing on leasehold apartments usually necessitates the buyer’s conveyancer submitting questions for the landlord to answer. Although the landlord is under no legal obligation to answer such questions most will be willing to do so. They are entitled levy a reasonable charge for responding to questions or supplying documentation. There is no set fee. The average costs for the information that you are referring to is over three hundred pounds, in some transactions it exceeds £800. The management information fee required by the landlord must be accompanied by a summary of rights and obligations in relation to administration charges, without which the charge is technically not due. In reality one has no choice but to pay whatever is requested of you if you want to sell the property.

Despite our best efforts, we have been unsuccessful in trying to purchase the freehold in Brixton. Can this matter be resolved via the Leasehold Valuation Tribunal?

in cases where there is a absentee freeholder or where there is dispute about what the lease extension should cost, under the relevant legislation you can apply to the Leasehold Valuation Tribunal to make a decision on the sum to be paid.

An example of a Freehold Enfranchisement matter before the tribunal for a Brixton flat is 66 Southwell Road in March 2012. By Order of Deputy District Judge Stone dated 25 January 2012 a vesting order was made. The determination of the purchase price was referred to the Tribunal who decided that the amount payable for the freehold should be£29,612.00 This case was in relation to 3 flats. The unexpired term was 72.58 years.

I own a split level flat in Brixton, conveyancing was carried out 2003. Can you shed any light on how much the price could be for a 90 year extension to my lease? Equivalent properties in Brixton with a long lease are worth £249,000. The ground rent is £45 levied per year. The lease expires on 21st October 2077

With only 51 years left to run we estimate the price of your lease extension to be between £33,300 and £38,400 plus costs.

The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you the actual costs without more comprehensive due diligence. You should not use this information in a Notice of Claim or as an informal offer. There may be additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information without first getting professional advice.