Having checked my lease I have discovered that there are only Sixty One years unexpired on my flat in Ratcliff. I need to get lease extension but my landlord is can not be found. What options are available to me?

If 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 lengthened by the Court. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to locate the landlord. On the whole a specialist may be useful to carry out a search and to produce an expert document which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s absence and the application to the County Court overseeing Ratcliff.

Expecting to complete next month on a basement flat in Ratcliff. Conveyancing solicitors inform me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

• Defining your rights in relation to common areas in the block.E.G., does the lease permit a right of way over a path or hallways?
• Are pets allowed in the flat?
• Whether the lease restricts you from renting out the flat, or working from home
• Changes to the flat (alterations and additions)
• 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.
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a reasonable figure which is making it all the more appealing. I have just been informed that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Ratcliff. Conveyancing advisers have are soon to be instructed. Will they explain the issues?

The majority of houses in Ratcliff are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are buying in Ratcliff so you should seriously consider looking for a Ratcliff conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’sconsent to conduct changes to the property. You may also be required to pay a contribution towards the maintenance of the communal areas where the property is part of an estate. Your conveyancer will appraise you on the various issues.

Last month I purchased a leasehold flat in Ratcliff. Am I liable to pay service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

I am a negotiator for a busy estate agent office in Ratcliff where we have witnessed a number of leasehold sales put at risk as a result of short leases. I have been given contradictory information from local Ratcliff conveyancing solicitors. Could you clarify whether the owner of a flat can instigate the lease extension process for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

I inherited a ground flat in Ratcliff. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal determine the sum due for a lease extension?

Most definitely. We can put you in touch with a Ratcliff conveyancing firm who can help.

An example of a Freehold Enfranchisement matter before the tribunal for a Ratcliff flat is 12, 14 & 16 Hull Close in May 2010. the Tribunal determined that the premium payable for the acquisition of the freehold to the subject premises was the sum of £18,300 This case was in relation to 3 flats. The remaining number of years on the lease was 101.61 years.

Ratcliff Leasehold Conveyancing - Sample of Questions you should consider before Purchasing

You will want to find out as much as possible concerning the company managing the building as they will either make your living at the property much simpler or problematic. As the proprietor of a leasehold property you will be at the mercy of the managing agents from a financial perspective and when it comes to day to day matters like the upkeep of the common parts. You should not be shy to ask prospective neighbours if they are happy with their management. On a final note, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically what it includes. Most Ratcliff leasehold flats will have a service charge for the upkeep of the block invoiced on behalf of the freeholder. Where you acquire the property you will have to meet this amount, normally quarterly throughout the year. This can be anything from two or three hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. There will also be a ground rent to be met annual, normally this is not a significant sum, say approximately £50-£100 but you should to enquire it because occasionally it could be prohibitively expensive. Are there any major works anticipated that will add a premium to the service fees?