Having checked my lease I have discovered that there are only Fifty years left on my lease in Mayfield. I need to get lease extension but my freeholder is missing. What are my options?

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 granted an extra 90 years by the Court. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to find the landlord. On the whole a specialist should be helpful to conduct investigations and prepare a report to be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a conveyancer both on investigating the landlord’s absence and the application to the County Court covering Mayfield.

My wife and I purchased a leasehold house in Mayfield. Conveyancing and Santander mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1992. The conveyancing practitioner in Mayfield who previously acted has now retired.Do I pay?

First make enquiries of the Land Registry to make sure that this person is indeed the new freeholder. There is no need to instruct a Mayfield conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am tempted by the attractive purchase price for a couple of flats in Mayfield both have in the region of fifty years remaining on the lease term. Should I regard a short lease as a deal breaker?

A lease is a legal document that entitles you to use the property for a period of time. As a lease gets shorter the value of the lease reduces and results in it becoming more expensive to extend the lease. For this reason it is generally wise to extend the lease term. More often than not it is difficulties arise selling premises with a short lease as mortgage companies may be reluctant to lend money on properties of this type. Lease extension can be a difficult process. We advise that you get professional assistance from a conveyancer and surveyor with experience in this field

I've recently bought a leasehold property in Mayfield. Do I have any liability for service charges relating to a period prior to completion of my purchase?

In a situation where the service charge has already been demanded from the previous lessee 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 be sure 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).

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £200000 flat in Mayfield in nine days. The landlords agents has quoted £372 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Mayfield?

Mayfield conveyancing on leasehold apartments more often than not requires the buyer’s conveyancer sending enquiries for the landlord to address. Although the landlord is under no legal obligation to answer these enquiries the majority will be willing to assist. They are entitled levy a reasonable charge for answering questions or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is £350, in some situations it is above £800. The management information fee levied by the landlord must be accompanied by a summary of rights and obligations in relation to administration charges, without which the charge is technically not due. Reality however dictates that you have no option but to pay whatever is demanded if you want to sell the property.

Mayfield Leasehold Conveyancing - Sample of Questions you should ask Prior to Purchasing

This question is important as a) areas may result in problems for the block as the communal areas may begin to deteriorate if repairs are not paid for b) if the leaseholders have a dispute with the running of the building you will wish to know about it Make sure you investigate if the the lease includes any adverse restrictions in the lease. For example it is very common in Mayfield leases that pets are not allowed in in a block in Mayfield. If you love the apartmentin Mayfield but your cat can’t move with you then you will be faced difficult decision. If a Mayfield lease has fewer than 80 years it will affect the value of the apartment. It is worth checking with your bank that they are content with residual term of the lease. A short lease means that you will probably have to extend the lease at some point and you need to have some idea of how much this would cost. For most Mayfieldlease extensions you would be required to have been the owner of the residence for 24 months in order to be entitled to extend the lease.

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Lease Extensions in Mayfield