Having checked my lease I have discovered that there are only Fifty years remaining on my lease in East Dulwich. I need to extend my lease but my landlord is absent. What are my options?

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 an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to find the freeholder. For most situations an enquiry agent would be useful to try and locate and to produce a report which can be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a solicitor in relation to proving the landlord’s absence and the vesting order request to the County Court overseeing East Dulwich.

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable figure which is making it all the more appealing. I have just found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in East Dulwich. Conveyancing advisers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in East Dulwich ?

The majority of houses in East Dulwich are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in East Dulwich in which case you should be shopping around for a East Dulwich conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as requiring the landlord’sconsent to carry out changes to the property. You may also be required to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your conveyancer will report to you on the legal implications.

I've recently bought a leasehold house in East Dulwich. Am I liable to pay service charges relating to a period prior to my ownership?

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 be sure 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).

What are your top tips when it comes to appointing a East Dulwich conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a East Dulwich conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non East Dulwich 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:

• How experienced is the practice with lease extension legislation?
• What volume of lease extensions have they completed in East Dulwich in the last twenty four months?

Do you have any advice for leasehold conveyancing in East Dulwich with the intention of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in East Dulwich can be bypassed if you instruct lawyers as soon as you market your property and request that they start to put together the leasehold information needed by the buyers conveyancers.
• The majority freeholders or managing agents in East Dulwich charge for supplying management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in East Dulwich.
• In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Most leases in East Dulwich state that internal structural alterations or laying down wooden flooring require a licence from the Landlord approving such alterations. Where you fail to have the paperwork to hand you should not communicate with the landlord without checking with your solicitor before hand.
• A minority of East Dulwich leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (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 buyers or their solicitors.
• If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share document. Obtaining a replacement share certificate can be a lengthy process and slows down many a East Dulwich conveyancing transaction. Where a duplicate share is required, do contact the company officers or managing agents (if applicable) for this as soon as possible.

Having spent years of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in East Dulwich. Can we issue an application to the Residential Property Tribunal Service?

Where there is a missing landlord or where there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to judgment on the premium.

An example of a Lease Extension decision for a East Dulwich flat is Flat 1 40-42 Ewelme Road in August 2012. the Tribunal assessed the premium for the lease extension in the sum of £11,800 This case related to 1 flat. The the unexpired term as at the valuation date was 61.81 years.

East Dulwich Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing

Make sure you enquire if the the lease contains any unreasonable restrictions in the lease. For instance it is very common in East Dulwich leases that pets are not allowed in certain buildings in East Dulwich. If you like the apartmentin East Dulwich but your cat can’t make the move with you then you will be faced difficult compromise.