I have recently realised that I have 62 years left on my lease in Oakleigh Park. I now want to get lease extension but my landlord is missing. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application 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 prove that you or your lawyers have used your best endeavours to locate the freeholder. In some cases an enquiry agent would be helpful to carry out a search and to produce an expert document to be used as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer both on proving the landlord’s absence and the application to the County Court covering Oakleigh Park.

I own a leasehold flat in Oakleigh Park. Conveyancing and Leeds Building Society mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Oakleigh Park who previously acted has long since retired.Any advice?

The first thing you should do is make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Oakleigh Park conveyancing practitioner to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am tempted by the attractive purchase price for a two maisonettes in Oakleigh Park which have about forty five years left on the lease term. Will this present a problem?

There are plenty of short leases in Oakleigh Park. The lease is a right to use the property for a prescribed time frame. As the lease shortens the value of the lease deteriorate and results in it becoming more expensive to acquire a lease extension. For this reason it is advisable to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on properties of this type. Lease enfranchisement can be a difficult process. We advise that you seek professional assistance from a solicitor and surveyor with experience in this field

What are your top tips when it comes to finding a Oakleigh Park conveyancing firm to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Oakleigh Park conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Oakleigh Park conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• How experienced is the practice with lease extension legislation?
• What are the charges for lease extension conveyancing?

Do you have any top tips for leasehold conveyancing in Oakleigh Park from the point of view of expediting the sale process?

• Much of the delay in leasehold conveyancing in Oakleigh Park can be bypassed where you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information which will be required by the buyers solicitors.
• The majority landlords or managing agents in Oakleigh Park levy fees for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Oakleigh Park.
• In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Oakleigh Park leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord approving such works. Where you dont have the consents in place you should not communicate with the landlord without checking with your lawyer in the first instance.
• If you have the benefit of shareholding in the Management Company, you should ensure that you have the original share certificate. Obtaining a duplicate share certificate can be a lengthy formality and slows down many a Oakleigh Park conveyancing transaction. If a reissued share is required, you should approach the company director and secretary or managing agents (where applicable) for this sooner rather than later.
• You may think that you are aware of the number of years remaining on your lease but you should double-check via your conveyancers. A purchaser's conveyancer will be unlikely to recommend their client to where the lease term is less than 75 years. It is therefore essential at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

I have attempted and failed to negotiate with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal adjudicate on such issues? Can you recommend a Oakleigh Park conveyancing firm to help?

Most certainly. We are happy to put you in touch with a Oakleigh Park conveyancing firm who can help.

An example of a Lease Extension case for a Oakleigh Park flat is Flat 2 2 Netherfield Road in April 2010. The Tribunale held that premium payable for a 90 year extension to the existing Lease should be £7,705. This case was in relation to 1 flat. The unexpired term was 76 years.

Oakleigh Park Leasehold Conveyancing - Sample of Questions you should consider before buying

How many of the leaseholders are in arrears for their maintenance charge payments?