I have recently realised that I have 62 years remaining on my lease in Cambridge Heath. I now want to get lease extension but my freeholder is missing. What options are available to me?

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 an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. However, you will be required to demonstrate that you have made all reasonable attempts to locate the freeholder. In some cases an enquiry agent would be helpful to try and locate and prepare a report which can be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Cambridge Heath.

Last month I purchased a leasehold flat in Cambridge Heath. Do I have any liability for service charges relating to a period prior to completion of my purchase?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part 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 advice for leasehold conveyancing in Cambridge Heath from the perspective of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Cambridge Heath can be reduced if you instruct lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the purchasers’ representatives.
• Many freeholders or Management Companies in Cambridge Heath levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information 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 cause of frustration in leasehold conveyancing in Cambridge Heath.
• In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Cambridge Heath state that internal structural alterations or addition of wooden flooring require a licence from the Landlord consenting to such alterations. If you dont have the paperwork to hand you should not communicate with the landlord without checking with your lawyer before hand.
• If you have had conflict with your freeholder or managing agents it is essential that these are settled before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to reveal the dispute as historic as opposed to ongoing.
• If you have the benefit of shareholding in the freehold, you should make sure that you have the original share document. Organising a replacement share certificate is often a time consuming formality and slows down many a Cambridge Heath conveyancing deal. If a new share certificate is necessary, you should approach the company officers or managing agents (where applicable) for this at the earliest opportunity.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £ 200000 flat in Cambridge Heath on Thursday in a week. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Cambridge Heath?

Cambridge Heath conveyancing on leasehold maisonettes usually involves administration charges raised by landlords agents :

• Answering pre-contract questions
• Where consent is required before sale in Cambridge Heath
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Cambridge Heath leasehold property is £350. For Cambridge 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 supply the information.

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

Most certainly. We can put you in touch with a Cambridge Heath conveyancing firm who can help.

An example of a Freehold Enfranchisement case for a Cambridge Heath flat is 26 Rhondda Grove in June 2009. The net price payable by the leaseholders as determined by the Tribunal was £3,015.13. This comprised £11,300 premium for the reversion less £8,284.87 costs as ordered by the County Court.

In relation to leasehold conveyancing in Cambridge Heath what are the most frequent lease problems?

There is nothing unique about leasehold conveyancing in Cambridge Heath. All leases are individual and legal mistakes in the legal wording can sometimes mean that certain clauses are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the building
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You could 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. Lloyds TSB Bank, Virgin Money, and Platform Home Loans Ltd all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to withdraw.

Cambridge Heath Leasehold Conveyancing - Sample of Questions you should ask before Purchasing

How long is the Lease?