I own a leasehold flat in Mickleover. Conveyancing and Britannia mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Mickleover who acted for me is not around.Any advice?

First make enquiries of HMLR to be sure that this person is indeed the new freeholder. There is no need to incur the fees of a Mickleover conveyancing firm to do this as it can be done on-line for £3. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am a negotiator for a reputable estate agency in Mickleover where we see a number of leasehold sales derailed due to short leases. I have received contradictory information from local Mickleover conveyancing solicitors. Could you clarify whether the seller of a flat can instigate the lease extension formalities for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence 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 sit tight for 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 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 purchaser.

Can you offer any advice when it comes to finding a Mickleover conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a Mickleover conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Mickleover conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• How familiar is the firm with lease extension legislation?
• Can they put you in touch with client in Mickleover who can give a testimonial?

Do you have any top tips for leasehold conveyancing in Mickleover from the perspective of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Mickleover can be reduced where you get in touch lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information needed by the purchasers’ conveyancers.
• Many freeholders or managing agents in Mickleover levy fees for supplying management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Mickleover.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Mickleover leases often stipulate that internal structural alterations or laying down wooden flooring require a licence from the Landlord acquiescing to such works. Where you fail to have the approvals in place do not contact the landlord without checking with your conveyancer in advance.
• If you have had conflict with your freeholder or managing agents it is very important that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be nervous about purchasing a property where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is better to reveal the dispute as over rather than ongoing.
• If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share certificate. Obtaining a replacement share certificate can be a time consuming process and slows down many a Mickleover home move. If a reissued share certificate is necessary, you should approach the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £ 425000 garden flat in Mickleover in just under a week. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Mickleover?

Mickleover conveyancing on leasehold flats more often than not necessitates the purchaser’s conveyancer sending enquiries for the landlord to answer. Although the landlord is not legally bound to address such questions most will be content to do so. They are entitled charge a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is over three hundred pounds, in some cases it is in excess of £800. The administration charge required by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration charges, without which the invoice is not strictly payable. Reality however dictates that you have no option but to pay whatever is demanded if you want to exchange contracts with the buyer.

Mickleover Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing

Does the lease have onerous restrictions?