Due to exchange soon on a garden flat in Forestdale. Conveyancing solicitors have said that they will have a report out to me next week. What should I be looking out for?

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

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
• Whether your lease has a provision for a reserve fund?
• You should have a good understanding of the insurance provisions
• I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
• What options are open to you if a neighbour breach a clause of their lease?
• What the implications are if you breach a clause of your lease?

My wife and I purchased a leasehold flat in Forestdale. Conveyancing and Alliance & Leicester mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Forestdale who acted for me is not around.Do I pay?

First contact the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. There is no need to instruct a Forestdale conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am employed by a busy estate agent office in Forestdale where we see a number of leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Forestdale conveyancing solicitors. Could you confirm whether the seller of a flat can initiate the lease extension formalities for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

What advice can you give us when it comes to finding a Forestdale conveyancing firm to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Forestdale conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Forestdale conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

• What volume of lease extensions has the firm completed in Forestdale in the last twenty four months?
• What are the costs for lease extension conveyancing?

Can you provide any advice for leasehold conveyancing in Forestdale from the point of view of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Forestdale can be avoided where you instruct lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the buyers solicitors.
• In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Forestdale leases often stipulate that internal structural changes or addition of wooden flooring require a licence from the Landlord acquiescing to such alterations. Where you fail to have the consents to hand do not communicate with the landlord without checking with your conveyancer in the first instance.
• Some Forestdale leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
• If there is a history of any disputes with your landlord or managing agents it is essential that these are settled prior to the flat being marketed. The buyers and their solicitors will be concerned about purchasing a property where a dispute is unresolved. You may have to bite the bullet and discharge any arrears of service charge or resolve 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 are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as over rather than unsettled.
• If you hold a share in a the freehold, you should ensure that you have the original share document. Organising a replacement share certificate can be a time consuming formality and delays many a Forestdale home move. If a new share certificate is required, do contact the company officers or managing agents (if applicable) for this sooner rather than later.

I am the registered owner of a garden flat in Forestdale. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal determine the sum payable for the purchase of the freehold?

Where there is a missing landlord or if there is disagreement 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 price.

An example of a Freehold Enfranchisement decision for a Forestdale property is The Woodlands 95 Purley Park Road in April 2009. The Tribunals own valuation produced the fi
gure of £37,912. This case was in relation to 6 flats. The unexpired lease term was 78.32 years.

Forestdale Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to Purchasing

The majority of Forestdale leasehold properties will have a service bill for the upkeep of the block levied by the landlord. Should you buy the flat you will have to meet this liability, usually quarterly during the year. This could vary from several hundred pounds to thousands of pounds for large purpose-built buildings. In all probability there will be a rentcharge for you to pay yearly, normally this is not a exorbitant amount, say about £50-£100 but you should to enquire as on occasion it could be surprisingly expensive.