Having checked my lease I have discovered that there are only 62 years left on my lease in Preston. I need to get lease extension but my freeholder is can not be found. 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 an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to track down the freeholder. In some cases a specialist may be helpful to try and locate and to produce a report to be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Preston.

Expecting to complete next month on a studio apartment in Preston. Conveyancing lawyers have said that they will have a report out to me on Monday. What should I be looking out for?

Your report on title for your leasehold conveyancing in Preston should include some of the following:

• You should receive a copy of the lease

The unexpired lease term You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark

The total extent of the property. This will be the property itself but might incorporate a roof space or basement if appropriate.

You must be told what counts as a Nuisance in the lease

Ground rent - how much and when you need to pay, and also know whether this will change in the future

Whether your lease has a provision for a sinking fund?

Responsibility for repairing the window frames For details of the information to be contained in your report on your leasehold property in Preston please ask your conveyancer in ahead of your conveyancing in Preston

I own a leasehold house in Preston. Conveyancing and Chelsea Building Society mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Preston who previously acted has long since retired.Do I pay?

First make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Preston conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Can you provide any top tips for leasehold conveyancing in Preston with the intention of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Preston can be avoided if you instruct lawyers as soon as your agents start advertising the property and ask them to put together the leasehold information which will be required by the buyers representatives.
• Many landlords or managing agents in Preston levy fees for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Preston.

A minority of Preston leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are 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 have the benefit of shareholding in the freehold, you should ensure that you are holding the original share document. Organising a new share certificate can be a lengthy formality and frustrates many a Preston conveyancing deal. Where a new share is required, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

You believe that you know the number of years left on your lease but you should verify this via your lawyers. A purchaser's lawyer will be unlikely to recommend their client to where the lease term is less than 80 years. In the circumstances it is essential at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

If all goes to plan we aim to complete the disposal of our £400000 apartment in Preston in just under a week. The freeholder has quoted £396 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Preston?

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

• Completing pre-exchange enquiries
• Where consent is required before sale in Preston
• Copies of the building insurance and schedule
• 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 Preston leasehold premises is £350. For Preston 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 supply answers.

I am the leaseholder of a garden flat in Preston. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal determine the premium payable for the purchase of the freehold?

Most certainly. We can put you in touch with a Preston conveyancing firm who can help.

An example of a Lease Extension decision for a Preston property is Ground Floor Flat 79 London Road in September 2012. the Tribunal held that the premium payable for the lease extension should be £7,636 This case was in relation to 1 flat. The unexpired term was 74 years.

Other Topics

Lease Extensions in Preston