There are only 62 years remaining on my lease in Fulham. I need to extend my lease but my freeholder is can not be found. 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 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 extended by the magistrate. You will be obliged to prove that you have used your best endeavours to locate the lessor. In some cases an enquiry agent may be useful to carry out a search and to produce a report which can be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s disappearance and the application to the County Court covering Fulham.

I am hoping to exchange soon on a leasehold property in Fulham. Conveyancing solicitors have said that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?

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

• Defining your rights in respect of the communal areas in the building.For example, does the lease permit a right of way over a path or staircase?
• Does the lease require carpeting throughout thus preventing wood flooring?
• Does the lease prevent you from subletting the flat, or working from home
• Whether your lease has a provision for a reserve fund?
• You should have a good understanding of the insurance provisions
• Repair and maintenance of the flat
• What options are open to you if a neighbour is in violation of a provision in their lease?

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a great price which is making it all the more appealing. I have subsequently found out that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns buying a leasehold house in Fulham. Conveyancing solicitors have not yet been appointed. Will they explain the issues?

Most houses in Fulham are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are purchasing in Fulham in which case you should be shopping around for a Fulham conveyancing solicitor and be sure that they are used to transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. 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’spermission to carry out alterations. It may be necessary to pay a service charge towards the upkeep of the estate where the property is located on an estate. Your lawyer should advise you fully on all the issues.

I am looking at a two apartments in Fulham both have in the region of forty five years unexpired on the leases. Should I regard a short lease as a deal breaker?

A lease is a legal document that entitles you to use the premises for a period of time. As a lease shortens the marketability of the lease decreases and results in it becoming more costly to acquire a lease extension. This is why it is advisable to extend the lease term. Sometimes it is difficult to sell a property with a short lease because mortgage companies may be reluctant to lend money on properties of this type. Lease enfranchisement can be a protracted process. We recommend you get professional help from a conveyancer and surveyor with experience in this arena

After years of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Fulham. Can we issue an application to the Residential Property Tribunal Service?

Absolutely. We can put you in touch with a Fulham conveyancing firm who can help.

An example of a Freehold Enfranchisement matter before the tribunal for a Fulham residence is 66 and 66a Wardo Avenue in November 2012. The Tribunal determined that the sum of £8,048 is payable by the Applicants in respect of the price for the freehold of the property This case related to 2 flats. The unexpired term was 93 years and 162 years.

In relation to leasehold conveyancing in Fulham what are the most common lease defects?

Leasehold conveyancing in Fulham is not unique. All leases are individual and drafting errors can result in certain sections are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the property
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You will encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Lloyds TSB Bank, Chelsea Building Society, and Barclays Direct all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to withdraw.

Fulham Leasehold Conveyancing - Examples of Queries before buying

It would be prudent to enquire if the the lease includes any onerous restrictions in the lease. For example it is reasonably common in Fulham leases that pets are not allowed in certain buildings in Fulham. If you like the apartmentin Fulham yet your dog can’t live with you then you will be presented with a hard compromise.