I only have Fifty years remaining on my flat in New Addington. I need to extend my lease but my landlord is missing. 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. You will be obliged to demonstrate that you have done all that could be expected to locate the landlord. For most situations a specialist would be useful to try and locate and prepare 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 solicitor in relation to proving the landlord’s absence and the vesting order request to the County Court covering New Addington.

I am attracted to a two flats in New Addington which have approximately forty five years remaining on the lease term. Should I regard a short lease as a deal breaker?

There are plenty of short leases in New Addington. The lease is a right to use the property for a period of time. As the lease shortens the marketability of the lease decreases and results in it becoming more expensive to extend the lease. For this reason it is often a good idea to extend the lease term. More often than not it is difficulties arise selling premises with a short lease because mortgage lenders may be reluctant to lend money on such properties. Lease enfranchisement can be a protracted process. We recommend you seek professional assistance from a solicitor and surveyor with experience in this arena

What advice can you give us when it comes to finding a New Addington conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a solicitor for lease extension works (regardless if they are a New Addington conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non New Addington conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• If they are not ALEP accredited then what is the reason?

How many lease extensions have they carried out in New Addington in the last twenty four months?

Do you have any top tips for leasehold conveyancing in New Addington with the aim of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in New Addington can be reduced if you instruct lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the purchasers’ representatives.
• Many landlords or Management Companies in New Addington levy fees for providing management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in New Addington.

If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in New Addington state that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord approving such changes. If you fail to have the approvals to hand do not communicate with the landlord without checking with your solicitor first.

Some New Addington leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying the yearly 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 lawyers.

If you are supposed to have a share in the freehold, you should ensure that you have the original share document. Obtaining a re-issued share certificate is often a lengthy formality and slows down many a New Addington conveyancing transaction. If a duplicate share certificate is needed, you should approach the company officers or managing agents (if applicable) for this sooner rather than later.

Completion in due on our sale of a £125000 garden flat in New Addington in just under a week. The freeholder has quoted £312 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in New Addington?

New Addington conveyancing on leasehold apartments ordinarily necessitates administration charges invoiced by landlords agents :

• Addressing pre-exchange questions
• Where consent is required before sale in New Addington
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for New Addington leasehold premises is £350. For New Addington 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 answers.

I am the proprietor of a a ground floor purpose built flat in New Addington. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal determine the premium payable for a lease extension?

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

An example of a Freehold Enfranchisement matter before the tribunal for a New Addington premises is The Woodlands 95 Purley Park Road in April 2009. The Tribunals own valuation produced the fi
gure of £37,912. This case related to 6 flats. The unexpired lease term was 78.32 years.