Having checked my lease I have discovered that there are only 68 years unexpired on my lease in Oakleigh Park. I am keen to get lease extension but my freeholder is absent. What are my options?

If 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 Court. However, you will be required to prove that you or your lawyers have made all reasonable attempts to track down the freeholder. In some cases a specialist may be helpful to conduct investigations and to produce a report which can be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s absence and the application to the County Court overseeing Oakleigh Park.

You should [be sent a copy of the lease|receive a copy of the lease]

Due to sign contracts shortly on a garden flat in Oakleigh Park. Conveyancing solicitors assured me that they are sending me a report next week. What should I be looking out for?

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

• The length of the lease term You should be advised as what happens when the lease ends, and aware of the importance of not letting the lease term falling below eighty years
• The physical extent of the premises. This will be the apartment itself but could also incorporate a loft or cellar if applicable.
• You need to be told what counts as a Nuisance in the lease
• An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
• You should have a good understanding of the insurance provisions
• What the implications are if you breach a clause of your lease?

For details of the information to be included in your report on your leasehold property in Oakleigh Park please enquire of your lawyer in ahead of your conveyancing in Oakleigh Park

I have just started marketing my ground floor flat in Oakleigh Park.Conveyancing solicitors are to be appointed soon but I have just had a yearly maintenance charge demand – what should I do?

The sensible thing to do is discharge the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

Do you have any advice for leasehold conveyancing in Oakleigh Park from the point of view of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Oakleigh Park can be reduced where you instruct lawyers as soon as your agents start advertising the property and ask them to collate the leasehold documentation needed by the purchasers’ solicitors.
• Many freeholders or Management Companies in Oakleigh Park levy fees for providing management packs for a leasehold property. You or your lawyers should find out 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 obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Oakleigh Park.
• Some Oakleigh Park 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. Any bank reference should make it clear that the buyer is 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 you have had conflict with your landlord or managing agents it is very important that these are settled before the property is marketed. The buyers and their solicitors will be concerned about purchasing a flat where a dispute is unresolved. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 purchasers, but it is better to present the dispute as over rather than unsettled.
• If you are supposed to have a share in the Management Company, you should make sure that you hold the original share certificate. Obtaining a re-issued share certificate can be a lengthy process and slows down many a Oakleigh Park conveyancing deal. If a duplicate share is necessary, you should approach the company officers or managing agents (if relevant) for this sooner rather than later.

Completion in due on the sale of our £ 400000 garden flat in Oakleigh Park next week. The landlords agents has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Oakleigh Park?

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

• Completing conveyancing due diligence enquiries
• Where consent is required before sale in Oakleigh Park
• 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 Oakleigh Park leasehold premises is £350. For Oakleigh Park 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 obliged to provide answers.

I have tried to negotiate informally with with my landlord to extend my lease without any joy. Can the Leasehold Valuation Tribunal adjudicate on such issues? Can you recommend a Oakleigh Park conveyancing firm to represent me?

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

An example of a Lease Extension decision for a Oakleigh Park premises 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 the unexpired residue of the current lease was 76 years.

Oakleigh Park Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

How is the lease structured?