I have recently realised that I have Sixty One years unexpired on my flat in Seven Kings. I am keen to get lease extension but my freeholder is can not be found. What are my options?

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 for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have used your best endeavours to find the freeholder. On the whole an enquiry agent may be helpful to conduct investigations and to produce an expert document to be accepted by the court as proof that the landlord can not be located. It is wise to seek advice from a conveyancer both on proving the landlord’s disappearance and the vesting order request to the County Court covering Seven Kings.

Estate agents have just been given the go-ahead to market my ground floor apartment in Seven Kings.Conveyancing lawyers have not yet been instructed but I have just received a quarterly maintenance charge invoice – what should I do?

The sensible thing to do is discharge the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I own a leasehold flat in Seven Kings. Conveyancing and Halifax 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 1991. The conveyancing practitioner in Seven Kings who previously acted has now retired.Do I pay?

First make enquiries of HMLR to be sure that the individual claiming to own the freehold is in fact the new freeholder. There is no need to instruct a Seven Kings conveyancing solicitor to do this as it can be done on-line for £3. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am attracted to a two apartments in Seven Kings which have about 50 years remaining on the leases. Should I regard a short lease as a deal breaker?

There are plenty of short leases in Seven Kings. The lease is a legal document that entitles you to use the property for a period of time. As the lease gets shorter the value of the lease deteriorate and it becomes more costly to acquire a lease extension. For this reason it is often a good idea to extend the lease term. More often than not it is difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on properties of this type. Lease extension can be a difficult process. We recommend you seek professional help from a solicitor and surveyor with experience in this arena

Can you provide any top tips for leasehold conveyancing in Seven Kings with the aim of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Seven Kings can be reduced where you instruct lawyers as soon as your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the buyers lawyers.
• Many landlords or managing agents in Seven Kings levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Seven Kings.
• If you have carried out any alterations to the property would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in Seven Kings state that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord acquiescing to such changes. Where you fail to have the approvals to hand you should not communicate with the landlord without checking with your conveyancer before hand.
• A minority of Seven Kings leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to 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 financially capable of paying the annual 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 lawyers.
• If you are supposed to have a share in the Management Company, you should make sure that you have the original share document. Arranging a new share certificate is often a lengthy formality and slows down many a Seven Kings home move. If a new share is necessary, you should approach the company officers or managing agents (if relevant) for this sooner rather than later.

I have tried to negotiate informally with with my landlord for a lease extension without success. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Seven Kings conveyancing firm to assist?

Absolutely. We can put you in touch with a Seven Kings conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Seven Kings premises is 49 Aldborough Road South in July 2012. The Tribunal decided that the premium payable for the grant of the new lease was £13,925 This case was in relation to 1 flat. The the unexpired residue of the current lease was 61.36 years.

Leasehold Conveyancing in Seven Kings - Sample of Queries Prior to Purchasing

Most Seven Kings leasehold apartments will be liable to pay a service charge for maintenance of the building set by the management company. If you acquire the apartment you will have to pay this amount, usually periodically accross the year. This may be anything from a few hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a rentcharge for you to pay yearly, this is usually not a large amount, say about £25-£75 but you need to check as on occasion it can be surprisingly expensive.