Having checked my lease I have discovered that there are only 62 years remaining on my flat in Melbourn. I now want to extend my lease but my landlord is absent. What options are available to me?

If you meet the appropriate requirements, 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 extended by the Court. However, you will be required to prove that you have done all that could be expected to locate the freeholder. In some cases a specialist should be helpful to try and locate and prepare an expert document which can be used as proof that the landlord can not be located. It is advisable to get professional help from a solicitor both on investigating the landlord’s disappearance and the application to the County Court overseeing Melbourn.

Back In 2004, I bought a leasehold house in Melbourn. Conveyancing and The Royal Bank of Scotland mortgage went though with no issue. A letter has just been received 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 1993. The conveyancing solicitor in Melbourn who previously acted has long since retired.What should I do?

The first thing you should do is contact the Land Registry to be sure that this person is in fact the new freeholder. It is not necessary to instruct a Melbourn conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I work for a reputable estate agent office in Melbourn where we have witnessed a number of leasehold sales put at risk as a result of short leases. I have received inconsistent advice from local Melbourn conveyancing solicitors. Can you confirm whether the seller of a flat can initiate the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as 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 purchaser.

Do you have any top tips for leasehold conveyancing in Melbourn from the point of view of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Melbourn can be avoided if you get in touch lawyers the minute your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the buyers lawyers.
• The majority freeholders or Management Companies in Melbourn charge for providing management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Melbourn.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Melbourn state that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord consenting to such alterations. If you dont have the consents in place do not contact the landlord without contacting your conveyancer before hand.
• A minority of Melbourn leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are able to meet 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 buyers or their lawyers.
• If you have the benefit of shareholding in the Management Company, you should make sure that you hold the original share certificate. Organising a re-issued share certificate can be a time consuming formality and delays many a Melbourn home move. If a new share certificate is required, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

Are there common problems that you come across in leases for Melbourn properties?

There is nothing unique about leasehold conveyancing in Melbourn. All leases is drafted differently and drafting errors can result in certain provisions are erroneous. 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
• 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

You could have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Barnsley Building Society, and Nottingham Building Society all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, obliging the buyer to withdraw.

Melbourn Conveyancing for Leasehold Flats - A selection of Queries before buying

Please inform me if there are any major works in the near future that will likely increase the maintenance charges? This question is important as a) areas could cause problems for the block as the communal areas may begin to deteriorate where repairs are not paid for b) if the leasehold owners have an issue with the managing agents you will wish to know about it Best to be warned whether fixing the lift or some other major work is due shortly to be shared between the leaseholders and will dramatically impact the level of the service fees or result in a specific payment.