Having checked my lease I have discovered that there are only Fifty years unexpired on my lease in Penge. I now wish to get lease extension but my freeholder is absent. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. However, you will be required to prove that you have used your best endeavours to find the freeholder. For most situations an enquiry agent should be useful to conduct investigations and to produce a report to be used as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Penge.

Due to exchange soon on a ground floor flat in Penge. Conveyancing solicitors have said that they report fully next week. What should I be looking out for?

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

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
• Setting out your rights in relation to the communal areas in the building.By way of example, does the lease include a right of way over an accessway or hallways?
• Does the lease require carpeting throughout thus preventing wood flooring?
• You should have a good understanding of the insurance provisions
• Changes to the flat (alterations and additions)
• Responsibility for repairing the window frames

I have just appointed agents to market my garden flat in Penge.Conveyancing is yet to be initiated but I have just received a half-yearly service charge demand – what should I do?

It best that you clear the invoice 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. This will smooth the conveyancing process.

Can you offer any advice when it comes to appointing a Penge conveyancing practice to deal with our lease extension?

When appointing a solicitor for your lease extension (regardless if they are a Penge conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Penge conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:

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

I have given up trying to purchase the freehold in Penge. Can the Leasehold Valuation Tribunal adjudicate on premiums?

Where there is a absentee freeholder or if there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to determine the amount due.

An example of a Lease Extension case for a Penge residence is Flats 5, 9, 38 & 40 Blakewood Court Anerley Park in January 2012. the tribunal held that the premiums payable for the new lease sare: FLAT 5:- £7,130 FLAT 9:- £7,860 FLAT 38:- £15,867 FLAT 40: £14,834 This case related to 4 flats.

What are the common defects that you encounter in leases for Penge properties?

There is nothing unique about leasehold conveyancing in Penge. All leases is drafted differently and drafting errors can sometimes mean that certain provisions are erroneous. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the building
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Norwich and Peterborough Building Society, and Godiva Mortgages Ltd all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, forcing the purchaser to withdraw.

Penge Leasehold Conveyancing - Examples of Questions you should consider before buying

The majority of Penge leasehold apartments will have a service charge for the upkeep of the building levied on behalf of the landlord. Should you buy the flat you will have to pay this liability, normally quarterly throughout the year. This can differ from a few hundred pounds to thousands of pounds for buildings with lifts and large common grounds. There will also be a rentcharge for you to pay annual, normally this is not a exorbitant amount, say about £50-£100 but you need to check it because on occasion it could be many hundreds of pounds. Is the freehold reversion owned collectively by the leaseholders?