Having checked my lease I have discovered that there are only 72 years left on my flat in Montgomery. I need to get lease extension but my freeholder is can not be found. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to prove that you have used your best endeavours to track down the freeholder. For most situations a specialist may be useful to try and locate and to produce an expert document to be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court covering Montgomery.

I have just appointed agents to market my 2 bed apartment in Montgomery.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly maintenance charge invoice – should I leave it to the buyer to sort out?

It best that you pay the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

I've found a house that appears to meet my requirements, at a reasonable figure which is making it more attractive. I have since found out that it's a leasehold as opposed to freehold. I would have thought that there are issues buying a leasehold house in Montgomery. Conveyancing lawyers have not yet been appointed. Will they explain the issues?

The majority of houses in Montgomery are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are purchasing in Montgomery in which case you should be shopping around for a Montgomery conveyancing solicitor and check that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct alterations. It may be necessary to pay a contribution towards the maintenance of the communal areas where the house is part of an estate. Your solicitor should appraise you on the various issues.

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

When appointing a conveyancer for your lease extension (regardless if they are a Montgomery conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Montgomery conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

• How many lease extensions have they completed in Montgomery in the last 12 months?

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

Completion in due on the sale of our £400000 garden flat in Montgomery in seven days. The managing agents has quoted £324 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Montgomery?

Montgomery conveyancing on leasehold maisonettes usually results in administration charges levied by landlords agents :

• Addressing conveyancing due diligence questions
• Where consent is required before sale in Montgomery
• 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 Montgomery leasehold property is £350. For Montgomery 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.

Leasehold Conveyancing in Montgomery - Examples of Queries before buying

The best form of lease arrangement is if the freehold interest is owned by the leaseholders. In this situation the tenants benefit from being in charge if their destiny and although a managing agent is usually employed if it is larger than a house conversion, the managing agent acts for the leaseholders themselves. What restrictions are contained in the Montgomery Lease? The answer will be helpful as a) areas may result in problems in the building as the communal areas may start to deteriorate where repairs are not paid for b) if the leasehold owners have an issue with the running of the building you will wish to have all the details

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Lease Extensions in Montgomery