Having had my offer accepted I require leasehold conveyancing in The Hyde. Before diving in I would like to find out the unexpired term of the lease.

If the lease is registered - and most are in The Hyde - 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.

Having checked my lease I have discovered that there are only Fifty years remaining on my lease in The Hyde. I am keen to extend my lease but my freeholder is missing. What options are available to me?

On the basis that you qualify, 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 lengthened by the Court. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to find the freeholder. For most situations an enquiry agent may be useful to conduct investigations and prepare a report 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 proving the landlord’s absence and the application to the County Court covering The Hyde.

What are your top tips when it comes to choosing a The Hyde conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a property lawyer for lease extension works (regardless if they are a The Hyde conveyancing practice) it is most important 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 The Hyde conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

• If the firm is not ALEP accredited then what is the reason?
• Can they put you in touch with client in The Hyde who can give a testimonial?

Completion in due on the sale of our £ 150000 apartment in The Hyde on Wednesday in a week. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in The Hyde?

The Hyde conveyancing on leasehold apartments often necessitates the purchaser’s lawyer sending questions for the landlord to answer. Although the landlord is under no legal obligation to answer these enquiries most will be willing to assist. They may levy a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is £350, in some transactions it is in excess of £800. The administration charge demanded by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration fees, otherwise the charge is technically not due. Reality however dictates that one has little option but to pay whatever is requested of you should you wish to sell the property.

Despite our best endeavours, we have been unsuccessful in trying to purchase the freehold in The Hyde. Can this matter be resolved via the Leasehold Valuation Tribunal?

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

An example of a Lease Extension case for a The Hyde residence is First Floor Flat 61 Wilberforce Road in March 2014. The premium payable was £10,130 and the case was remitted back to the Willesden County Court to effect the Vesting Order (Claim No 3W103100). This case affected 1 flat. The unexpired lease term was 71 years.

Are there common problems that you witness in leases for The Hyde properties?

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

• A provision to repair to or maintain parts of the building
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• 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 as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , Bank of Scotland, and Barclays Direct all have express 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 buyer to pull out.

The Hyde Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

The prefered form of lease arrangement is if the freehold reversion is owned by the leaseholders. In this scenario the tenants enjoy being in charge if their destiny and although a managing agent is frequently employed where the building is larger than a house conversion, the managing agent is directed by the tenants.