Questions and Answers: Pratt's Bottom leasehold conveyancing
I have recently realised that I have Sixty One years remaining on my flat in Pratt's Bottom. I now wish to extend my lease but my landlord is absent. What should I do?
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 an order 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 find the landlord. For most situations an enquiry agent may be helpful to try and locate and to produce an expert document to be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor both on proving the landlord’s disappearance and the vesting order request to the County Court covering Pratt's Bottom.
I am hoping to complete next month on a garden flat in Pratt's Bottom. Conveyancing solicitors inform me that they will have a report out to me next week. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Pratt's Bottom should include some of the following:
- Whether your lease has a provision for a reserve fund?
- Repair and maintenance of the flat
- The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
- Responsibility for repairing the window frames
- What you can do if a neighbour breach a clause of their lease?
- What the implications are if you breach a clause of your lease?
I've found a house that seems to tick a lot of boxes, at a great figure which is making it more attractive. I have subsequently found out that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a leasehold house in Pratt's Bottom. Conveyancing lawyers have are about to be instructed. Will they explain the issues?
Most houses in Pratt's Bottom are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Pratt's Bottom in which case you should be looking for a Pratt's Bottom conveyancing solicitor and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’spermission to conduct changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the house is located on an estate. Your lawyer should report to you on the legal implications.
Back In 2005, I bought a leasehold house in Pratt's Bottom. Conveyancing and Skipton Building Society mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1993. The conveyancing practitioner in Pratt's Bottom who acted for me is not around.Do I pay?
The first thing you should do is contact the Land Registry to make sure that this person is indeed the new freeholder. It is not necessary to instruct a Pratt's Bottom conveyancing firm to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Do you have any top tips for leasehold conveyancing in Pratt's Bottom from the perspective of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Pratt's Bottom can be avoided where you get in touch lawyers the minute you market your property and ask them to put together the leasehold documentation which will be required by the purchasers’ conveyancers.
- In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Pratt's Bottom state that internal structural alterations or addition of wooden flooring necessitate a licence issued by the Landlord acquiescing to such works. Where you fail to have the consents in place you should not communicate with the landlord without checking with your solicitor first.
- If you have had any disputes with your landlord or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be nervous about purchasing a property where a dispute is ongoing. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. 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 historic as opposed to ongoing.
- If you have the benefit of shareholding in the freehold, you should make sure that you have the original share certificate. Organising a duplicate share certificate is often a lengthy process and slows down many a Pratt's Bottom home move. If a reissued share is required, you should approach the company director and secretary or managing agents (where applicable) for this as soon as possible.
- You may think that you are aware of the number of years left on your lease but it would be wise to double-check by asking your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is below 75 years. In the circumstances it is important at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.
We have reached the end of our tether in trying to purchase the freehold in Pratt's Bottom. Can this matter be resolved via the Leasehold Valuation Tribunal?
Where there is a missing freeholder or where there is disagreement about what the lease extension should cost, under the relevant legislation you can apply to the First-tier Tribunal (Property Chamber) to assess the premium.
An example of a Lease Extension case for a Pratt's Bottom property is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case affected 1 flat. The remaining number of years on the lease was 50.57 years.
I bought a leasehold flat in Pratt's Bottom, conveyancing having been completed 6 years ago. Can you please calculate a probable premium for a statutory lease extension? Equivalent flats in Pratt's Bottom with over 90 years remaining are worth £168,000. The average or mid-range amount of ground rent is £50 invoiced every year. The lease terminates on 21st October 2094
With only 68 years unexpired we estimate the premium for your lease extension to span between £10,500 and £12,000 as well as costs.
The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more detailed due diligence. Do not use this information in a Notice of Claim or as an informal offer. There may be other issues that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Neither should you take any other action based on this information before seeking the advice of a professional.