There are only Fifty years remaining on my lease in Mudeford. I need to get lease extension but my freeholder is can not be found. What options are available to me?

On the basis that 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 mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to track down the freeholder. For most situations a specialist should be helpful to try and locate and to produce an expert document which can be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on investigating the landlord’s absence and the vesting order request to the County Court overseeing Mudeford.

My wife and I purchased a leasehold house in Mudeford. Conveyancing and Santander mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Mudeford who acted for me is not around.What should I do?

The first thing you should do is make enquiries of HMLR to make sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Mudeford conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Last month I purchased a leasehold flat in Mudeford. Am I liable to pay service charges relating to a period prior to my ownership?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Do you have any advice for leasehold conveyancing in Mudeford from the perspective of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Mudeford can be avoided where you get in touch lawyers the minute your agents start marketing the property and ask them to put together the leasehold information needed by the buyers representatives.
• The majority freeholders or Management Companies in Mudeford levy fees for providing management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management information 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 usual reason for delay in leasehold conveyancing in Mudeford.

If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Mudeford leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord approving such works. If you dont have the paperwork in place you should not contact the landlord without checking with your solicitor before hand.

If you are supposed to have a share in the freehold, you should make sure that you hold the original share document. Obtaining a duplicate share certificate can be a time consuming formality and frustrates many a Mudeford conveyancing deal. If a duplicate share is necessary, you should approach the company officers or managing agents (where applicable) for this sooner rather than later.

You may think that you are aware of the number of years remaining on your lease but you should verify this via your conveyancers. A buyer’s conveyancer will not be happy to advise their client to where the lease term is under 75 years. It is therefore essential at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

Completion in due on the sale of our £175000 apartment in Mudeford in six days. The managing agents has quoted £396 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Mudeford?

Mudeford conveyancing on leasehold apartments ordinarily necessitates administration charges levied by freeholders :

• Addressing pre-exchange enquiries
• Where consent is required before sale in Mudeford
• 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 solicitor will have no control over the level of the charges for this information but the average costs for the information for Mudeford leasehold premises is £350. For Mudeford 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 the information.

Mudeford Leasehold Conveyancing - Examples of Queries before buying

This information is useful as a) areas can cause problems for the building as the common areas may start to deteriorate where repairs are not paid for b) if the tenants have an issue with the running of the building you will wish to have full disclosure Does this lease have more than 90 years left? Who manages the block?

Other Topics

Lease Extensions in Mudeford