Having checked my lease I have discovered that there are only 62 years left on my flat in Erith. I need to get lease extension but my freeholder is missing. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. However, you will be required to demonstrate that you have made all reasonable attempts to track down the landlord. On the whole an enquiry agent may be useful to conduct investigations and prepare a report which can be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court covering Erith.

Looking forward to complete next month on a studio apartment in Erith. Conveyancing lawyers inform me that they are sending me a report next week. What should I be looking out for?

The report on title for your leasehold conveyancing in Erith should include some of the following:

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord

The physical extent of the property. This will be the apartment itself but might incorporate a loft or cellar if appropriate.

Does the lease prohibit wood flooring?

You need to be told what constitutes a Nuisance in the lease

You should have a good understanding of the insurance provisions

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.

What options are open to you if a neighbour breach a clause of their lease? For details of the information to be included in your report on your leasehold property in Erith please ask your solicitor in advance of your conveyancing in Erith

Estate agents have just been given the go-ahead to market my basement apartment in Erith.Conveyancing is yet to be initiated but I have just received a half-yearly maintenance charge demand – what should I do?

The sensible thing to do is pay the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I today plan to offer on a house that seems to be perfect, at a great figure which is making it all the more appealing. I have subsequently been informed that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Erith. Conveyancing lawyers have are soon to be appointed. Will my lawyers set out the risks of buying a leasehold house in Erith ?

The majority of houses in Erith are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Erith in which case you should be shopping around for a Erith conveyancing solicitor and check that they are used to transacting 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 obtaining the freeholder’spermission to conduct changes to the property. It may be necessary to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your conveyancer should advise you fully on all the issues.

All being well we will complete our sale of a £450000 maisonette in Erith in 5 days. The managing agents has quoted £300 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Erith?

For most leasehold sales in Erith conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering pre-contract questions
• Where consent is required before sale in Erith
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Erith leasehold premises is £350. For Erith 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.

Notwithstanding our best efforts, we have been unsuccessful in seeking a lease extension in Erith. Can the Leasehold Valuation Tribunal adjudicate on premiums?

if there is a absentee freeholder or where there is disagreement about what the lease extension should cost, under the relevant legislation you can apply to the LVT to calculate the price payable.

An example of a Lease Extension case for a Erith flat 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 related to 13 flats. The unexpired term was 76 years.

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Lease Extensions in Erith