I have recently realised that I have Fifty years unexpired on my lease in Market Deeping. I am keen to extend my lease but my landlord is missing. What options are available to me?

If 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 mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to prove that you or your lawyers have used your best endeavours to track down the lessor. For most situations an enquiry agent should be helpful to conduct investigations and prepare a report which can be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Market Deeping.

I am hoping to complete next month on a basement flat in Market Deeping. Conveyancing solicitors assured me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Market Deeping should include some of the following:

• You should be sent a copy of the lease

How long the lease is You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years

Ground rent - how much and when you need to pay, and also know whether this is subject to change

Changes to the flat (alterations and additions)

I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.

What options are open to you if a neighbour breach a clause of their lease? For a comprehensive list of information to be included in your report on your leasehold property in Market Deeping please enquire of your conveyancer in ahead of your conveyancing in Market Deeping

I've recently bought a leasehold house in Market Deeping. Am I liable to pay service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Can you provide any top tips for leasehold conveyancing in Market Deeping with the intention of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Market Deeping can be avoided if you instruct lawyers the minute your agents start marketing the property and request that they start to put together the leasehold documentation needed by the buyers conveyancers.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Most leases in Market Deeping state that internal structural changes or installing wooden flooring require a licence from the Landlord approving such works. Should you dont have the paperwork in place do not contact the landlord without checking with your conveyancer in the first instance.

A minority of Market Deeping leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.

If you are supposed to have a share in the Management Company, you should ensure that you have the original share document. Organising a new share certificate is often a lengthy formality and slows down many a Market Deeping home move. If a reissued share is needed, you should approach the company director and secretary or managing agents (if applicable) for this sooner rather than later.

You believe that you know the number of years left on your lease but you should verify this by asking your solicitors. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is under 75 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

If all goes to plan we aim to complete our sale of a £250000 garden flat in Market Deeping in just under a week. The landlords agents has quoted £396 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Market Deeping?

Market Deeping conveyancing on leasehold apartments normally necessitates fees being invoiced by landlords agents :

• Addressing conveyancing due diligence questions
• Where consent is required before sale in Market Deeping
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Market Deeping leasehold property is £350. For Market Deeping conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply answers.

Market Deeping Conveyancing for Leasehold Flats - Examples of Questions you should ask before Purchasing

Is there a share of the freehold? How much is the ground rent and service charge? Plenty Market Deeping leasehold properties will be liable to pay a service bill for the upkeep of the block levied by the management company. If you purchase the flat you will have to pay this liability, normally periodically during the year. This may differ from a couple of hundred pounds to thousands of pounds for blocks with lifts and large common grounds. In all likelihood there will be a rentcharge for you to pay yearly, this is usually not a large amount, say approximately £50-£100 but you need to enquire it because sometimes it could be many hundreds of pounds.

Other Topics

Lease Extensions in Market Deeping