Back In 2009, I bought a leasehold house in St Johns. Conveyancing and HSBC Bank 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 1997. The conveyancing practitioner in St Johns who previously acted has long since retired.What should I do?

First make enquiries of HMLR to make sure that the individual claiming to own the freehold is indeed the new freeholder. There is no need to instruct a St Johns conveyancing firm to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I work for a reputable estate agency in St Johns where we have experienced a few flat sales put at risk due to short leases. I have been given inconsistent advice from local St Johns conveyancing solicitors. Can you clarify whether the owner of a flat can commence the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 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 agree the lease extension with the freeholder 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 buyer.

What are your top tips when it comes to finding a St Johns conveyancing firm to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a St Johns conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non St Johns conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:

• How experienced is the firm with lease extension legislation?
• If they are not ALEP accredited then why not?

Do you have any top tips for leasehold conveyancing in St Johns with the aim of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in St Johns can be reduced where you appoint 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.
• If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? St Johns leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord approving such alterations. Where you fail to have the approvals to hand do not contact the landlord without checking with your lawyer first.
• If you have had any disputes with your landlord or managing agents it is very important that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is better to present the dispute as historic as opposed to ongoing.
• If you are supposed to have a share in the Management Company, you should ensure that you have the original share document. Obtaining a duplicate share certificate can be a lengthy formality and slows down many a St Johns home move. If a new share is needed, do contact the company director and secretary or managing agents (if relevant) for this as soon as possible.
• You believe that you know the number of years remaining on your lease but it would be advisable double-check by asking your solicitors. A buyer’s lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is under 75 years. In the circumstances it is important at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

I have tried to negotiate informally with with my landlord to extend my lease without getting anywhere. Can one make an application to the Leasehold Valuation Tribunal? Can you recommend a St Johns conveyancing firm to act on my behalf?

Most certainly. We are happy to put you in touch with a St Johns conveyancing firm who can help.

An example of a Lease Extension decision for a St Johns flat is 73 Walerand Road in August 2012. the result of the findings of the Tribunal led to a premium to be paid for the extended lease in respect of Flat 73 in the sum of £10,040. The premium applicable in respect of Flat 85 was £5,710. This case affected 2 flats. The the number of years remaining on the existing lease(s) was 72 years.

What makes a St Johns lease unmortgageable?

Leasehold conveyancing in St Johns is not unique. 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
• A duty to insure the building
• 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 will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Barnsley Building Society, and Britannia all have very detailed requirements 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 grant the mortgage, forcing the buyer to pull out.

St Johns Conveyancing for Leasehold Flats - Sample of Queries before buying

It would be a good idea to enquire if the the lease contains any onerous restrictions in the lease. By way of example it is reasonably common in St Johns leases that pets are not permitted in in a block in St Johns. If you love the apartmentin St Johns yet your cat can’t move with you then you will be faced hard compromise.