I am on look out for some leasehold conveyancing in Milton. Before diving in I require certainty as to the number of years remaining on the lease.

If the lease is registered - and 99.9% are in Milton - then the leasehold title will always include the basic details 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.

I only have 68 years unexpired on my flat in Milton. I need to extend my lease but my landlord is can not be found. What are my options?

On the basis that 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 an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to prove that you have made all reasonable attempts to track down the freeholder. On the whole a specialist would be helpful to try and locate and to produce an expert document to be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to proving the landlord’s absence and the application to the County Court overseeing Milton.

Can you offer any advice when it comes to finding a Milton conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Milton conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Milton conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• How familiar is the firm with lease extension legislation?

Can they put you in touch with client in Milton who can give a testimonial?

Can you provide any advice for leasehold conveyancing in Milton from the perspective of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Milton can be avoided if you appoint lawyers the minute you market your property and request that they start to collate the leasehold information needed by the purchasers’ solicitors.
• If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Milton state that internal structural alterations or addition of wooden flooring require a licence from the Landlord acquiescing to such works. If you dont have the consents in place you should not communicate with the landlord without checking with your conveyancer before hand.

If there is a history of any disputes with your landlord or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be concerned about purchasing a property where there is an ongoing dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to reveal the dispute as historic as opposed to ongoing.

If you are supposed to have a share in the Management Company, you should make sure that you hold the original share document. Obtaining a re-issued share certificate is often a time consuming process and delays many a Milton conveyancing deal. Where a duplicate share certificate is needed, do contact the company officers or managing agents (where applicable) for this as soon as possible.

You believe that you know the number of years remaining on your lease but it would be advisable double-check via your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is under 75 years. In the circumstances it is important at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

We expect to complete the sale of our £350000 garden flat in Milton in 8 days. The managing agents has quoted £384 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Milton?

Milton conveyancing on leasehold flats typically necessitates administration charges levied by management companies :

• Answering conveyancing due diligence questions
• Where consent is required before sale in Milton
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Milton leasehold premises is £350. For Milton 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 required to provide the information.

Milton Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to Purchasing

The answer will be important as a) areas could cause problems in the building as the common areas may begin to deteriorate where services remain unpaid b) if the leasehold owners have an issue with the running of the building you will want to know about it Best to be warned if fixing the lift or some other major work is anticipated to be shared between the leaseholders and will dramatically increase the the maintenance charges or result in a one off payment. You should be aware that where the lease has fewer than eighty years it will affect the salability of the property. It is worth checking with your mortgage company that they are willing to lend given the lease term. Leases with fewer than 80 years remaining means that you will almost definitely need a lease extension sooner rather than later and you need to have some idea of how much this will be. Remember, in most cases you would be required to have owned the premises for two years before you are entitled to carry out a lease extension.

Other Topics

Lease Extensions in Milton