I have recently realised that I have Fifty years left on my flat in Montpelier. I am keen to extend my lease but my freeholder is missing. What should I do?

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 mean that your lease can be extended by the Court. However, you will be required to prove that you or your lawyers have done all that could be expected to find the freeholder. In some cases an enquiry agent may be useful to conduct investigations and to produce an expert document which can be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Montpelier.

I’m about to sell my 2 bed flat in Montpelier.Conveyancing solicitors are to be appointed soon but I have just had a yearly service charge invoice – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should discharge the invoice 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. This will smooth the conveyancing process.

My wife and I purchased a leasehold flat in Montpelier. Conveyancing and Leeds Building Society mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in Montpelier who previously acted has now retired.Do I pay?

First contact HMLR to make sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. You do not need to instruct a Montpelier conveyancing solicitor to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What are your top tips when it comes to appointing a Montpelier conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Montpelier conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non Montpelier conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

• If the firm is not ALEP accredited then why not?

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

We expect to complete our sale of a £425000 flat in Montpelier next Friday . The freeholder has quoted £336 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Montpelier?

Montpelier conveyancing on leasehold flats normally necessitates administration charges invoiced by managing agents :

• Completing conveyancing due diligence enquiries
• Where consent is required before sale in Montpelier
• 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 Montpelier leasehold premises is £350. For Montpelier 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 supply answers.

Leasehold Conveyancing in Montpelier - A selection of Questions you should consider before Purchasing

It would be prudent to discover as much as possible concerning the company managing the block as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to practical issues such as the cleanliness of the common parts. You should not be afraid to ask prospective neighbours what they think of their management. On a final note, investigate as to the dates that the service fees are due to the relevant party and specifically what you get for your money. This question is useful as a) areas may cause problems in the block as the communal areas may start to deteriorate if services remain unpaid b) if the leaseholders have an issue with the running of the building you will wish to have all the details It would be a good idea to find out if there are any onerous prohibitions in the lease. For instance it is reasonably common in Montpelier leases that pets are not allowed in in a block in Montpelier. If you like the propertyin Montpelier yet your cat is not allowed to make the move with you then you will be presented with a hard decision.

Other Topics

Lease Extensions in Montpelier