I only have Fifty years remaining on my lease in Selsdon. I am keen to get lease extension but my landlord is absent. What options are available to me?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to demonstrate that you have done all that could be expected to track down the freeholder. On the whole a specialist may be useful to try and locate and prepare an expert document to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on proving the landlord’s absence and the application to the County Court covering Selsdon.

I today plan to offer on a house that appears to meet my requirements, at a reasonable price which is making it more attractive. I have since discovered that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a leasehold house in Selsdon. Conveyancing solicitors have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Selsdon ?

The majority of houses in Selsdon are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are buying in Selsdon so you should seriously consider looking for a Selsdon conveyancing solicitor and be sure that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. Being a lessee 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’sconsent to conduct alterations. You may also be required to pay a contribution towards the upkeep of the communal areas where the house is part of an estate. Your lawyer will advise you fully on all the issues.

I own a leasehold flat in Selsdon. Conveyancing and Chelsea Building Society mortgage are in place. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1991. The conveyancing solicitor in Selsdon who previously acted has long since retired.Do I pay?

First contact HMLR to make sure that this person is in fact the registered owner of the freehold reversion. There is no need to instruct a Selsdon conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

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

When appointing a solicitor for lease extension works (regardless if they are a Selsdon conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Selsdon conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

• How familiar is the firm with lease extension legislation?
• What volume of lease extensions have they carried out in Selsdon in the last year?

We have reached the end of our tether in trying to reach an agreement for a lease extension in Selsdon. Can this matter be resolved via the Leasehold Valuation Tribunal?

You certainly can. We can put you in touch with a Selsdon conveyancing firm who can help.

An example of a Freehold Enfranchisement decision for a Selsdon premises 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 the number of years remaining on the existing lease(s) was 78.32 years.

What are the frequently found problems that you see in leases for Selsdon properties?

There is nothing unique about leasehold conveyancing in Selsdon. Most leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain sections are not included. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the premises
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

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. Yorkshire Building Society, Virgin Money, and Godiva Mortgages Ltd all have very detailed conveyancing instructions 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.

Selsdon Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing

On the whole the cost for major works are not included within maintenance charges, albeit that some managing agents in Selsdon obliged leasehold owners to pay into a sinking fund and this is used to offset against larger repairs or maintenance.