I am in need of some leasehold conveyancing in Riddlesdown. Before I set the wheels in motion I require certainty as to the remaining lease term.

Assuming the lease is registered - and almost all are in Riddlesdown - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

There are only 68 years remaining on my lease in Riddlesdown. I now wish to extend my lease but my landlord is can not be found. 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 apply 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 Court. You will be obliged to demonstrate that you have made all reasonable attempts to track down the landlord. For most situations a specialist may be useful to conduct investigations and prepare an expert document which can be accepted by the court 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 absence and the application to the County Court covering Riddlesdown.

What advice can you give us when it comes to finding a Riddlesdown conveyancing firm to carry out our lease extension conveyancing?

When appointing a conveyancer for lease extension works (regardless if they are a Riddlesdown conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non Riddlesdown conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• How familiar is the firm with lease extension legislation?
• What volume of lease extensions has the firm carried out in Riddlesdown in the last 12 months?

Can you provide any advice for leasehold conveyancing in Riddlesdown with the aim of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Riddlesdown can be bypassed where you appoint lawyers the minute you market your property and request that they start to collate the leasehold information needed by the buyers conveyancers.
• In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Riddlesdown leases often stipulate that internal structural alterations or addition of wooden flooring require a licence from the Landlord acquiescing to such works. Where you dont have the consents to hand do not contact the landlord without contacting your solicitor in advance.
• A minority of Riddlesdown leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet 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 purchasers or their solicitors.
• If you hold a share in a the freehold, you should make sure that you hold the original share certificate. Arranging a replacement share certificate can be a lengthy formality and delays many a Riddlesdown conveyancing deal. If a reissued share certificate is needed, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.
• You believe that you know the number of years left on your lease but it would be wise to double-check by asking your conveyancers. A purchaser's lawyer will not be happy to advise their client to where the lease term is under 75 years. In the circumstances it is important at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

Despite our best efforts, we have been unsuccessful in trying to purchase the freehold in Riddlesdown. Can the Leasehold Valuation Tribunal adjudicate on premiums?

if there is a missing freeholder or where there is dispute about the premium for a lease extension, under the relevant statutes it is possible to make an application to the Leasehold Valuation Tribunal to make a decision on the sum to be paid.

An example of a Freehold Enfranchisement matter before the tribunal for a Riddlesdown flat is The Woodlands 95 Purley Park Road in April 2009. The Tribunals own valuation produced the fi
gure of £37,912. This case related to 6 flats. The remaining number of years on the lease was 78.32 years.

Are there common deficiencies that you come across in leases for Riddlesdown properties?

There is nothing unique about leasehold conveyancing in Riddlesdown. All leases are unique and drafting errors can sometimes mean that certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain elements of the property
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Norwich and Peterborough Building Society, and Britannia all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the purchaser to pull out.

Leasehold Conveyancing in Riddlesdown - A selection of Queries before buying

How long is the Lease?