I only have 72 years remaining on my lease in Isleworth. I need to extend my lease but my freeholder is absent. What are my options?

On the basis that you qualify, 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 enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to find the freeholder. In some cases an enquiry agent should be useful to conduct investigations and to produce a report which can be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the application to the County Court covering Isleworth.

Last month I purchased a leasehold house in Isleworth. Am I liable to pay 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 lessee 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. A critical element 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 Isleworth conveyancing firm to carry out our lease extension conveyancing?

When appointing a solicitor for your lease extension (regardless if they are a Isleworth conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Isleworth conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• Can they put you in touch with client in Isleworth who can give a testimonial?
• What are the charges for lease extension conveyancing?

Do you have any top tips for leasehold conveyancing in Isleworth from the point of view of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Isleworth can be reduced where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information needed by the buyers solicitors.
• Many landlords or Management Companies in Isleworth charge for providing management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Isleworth.
• 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 Isleworth state that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord consenting to such works. Should you fail to have the paperwork in place you should not communicate with the landlord without contacting your solicitor before hand.
• If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share certificate. Arranging a re-issued share certificate can be a time consuming formality and frustrates many a Isleworth conveyancing deal. Where a new share certificate is required, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.
• You may think that you are aware of the number of years left on your lease but you should double-check by asking your conveyancers. A purchaser's lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is below 80 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

Completion in due on our sale of a £ 500000 flat in Isleworth next Friday . The landlords agents has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Isleworth?

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

• Addressing pre-exchange enquiries
• Where consent is required before sale in Isleworth
• 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 Isleworth leasehold property is £350. For Isleworth 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 required to supply the information.

After months of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in Isleworth. Can we issue an application to the Residential Property Tribunal Service?

You certainly can. We are happy to put you in touch with a Isleworth conveyancing firm who can help.

An example of a Lease Extension case for a Isleworth property is Ground Floor Flat 91 Bath Road in May 2009. in a case where the freeholder could not be traced, the Brentford County Court ordered that the Lease be surrendered in return for the grant of a new lease of the Premises at a premium determined by the Leasehold Valuation Tribunal. The tribunal concluded that the price payable by the Applicant for the new lease of the premises be £15,900 This case was in relation to 1 flat. The the unexpired term as at the valuation date was 60.45 years.

Leasehold Conveyancing in Isleworth - A selection of Questions you should ask Prior to Purchasing

Is the freehold owned jointly by the tenants? This information is helpful as a) areas could result in problems for the building as the common areas may begin to deteriorate if maintenance remain unpaid b) if the leaseholders have a dispute with the managing agents you will need to have all the details