There are only Seventy years left on my flat in Potton. I now wish to get lease extension but my freeholder is absent. What are my options?

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 enable the lease to be granted an extra 90 years by the Court. However, you will be required to demonstrate that you have done all that could be expected to track down the freeholder. On the whole an enquiry agent would be useful to conduct investigations and to produce an expert document which can be used as proof that the landlord is indeed missing. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s disappearance and the vesting order request to the County Court covering Potton.

Due to complete next month on a leasehold property in Potton. Conveyancing lawyers inform me that they will have a report out to me next week. What should I be looking out for?

The report on title for your leasehold conveyancing in Potton should include some of the following:

• The unexpired lease term You should be advised as what happens when the lease ends, and informed of the importance of not letting the lease term falling below eighty years
• Does the lease require carpeting throughout thus preventing wood flooring?
• Are pets allowed in the flat?
• Does the lease prevent you from renting out the flat, or having a home office for business
• Repair and maintenance of the flat
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building

What advice can you give us when it comes to finding a Potton conveyancing firm to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Potton 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 speak with several firms including non Potton conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

• If they are not ALEP accredited then why not?
• What are the costs for lease extension work?

Can you provide any top tips for leasehold conveyancing in Potton with the intention of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Potton can be avoided if you get in touch lawyers as soon as you market your property and request that they start to collate the leasehold information which will be required by the buyers conveyancers.
• Many freeholders or managing agents in Potton levy fees for providing management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Potton.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Potton leases often stipulate that internal structural alterations or installing wooden flooring require a licence issued by the Landlord acquiescing to such alterations. Where you fail to have the approvals to hand do not contact the landlord without checking with your solicitor in advance.
• 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 put on the market. The purchasers and their solicitors will be nervous about purchasing a flat where there is a current dispute. You may need to swallow your pride 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 will still have to reveal particulars of the dispute to the buyers, but it is better to present the dispute as over rather than unsettled.
• If you hold a share in a the Management Company, you should ensure that you hold the original share document. Obtaining a duplicate share certificate can be a lengthy formality and delays many a Potton home move. Where a duplicate share is required, you should approach the company officers or managing agents (if relevant) for this at the earliest opportunity.

Are there frequently found deficiencies that you encounter in leases for Potton properties?

There is nothing unique about leasehold conveyancing in Potton. All leases is drafted differently and legal mistakes in the legal wording can result in certain clauses are wrong. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the building
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

You may encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Barnsley Building Society, and Godiva Mortgages Ltd all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to withdraw.

I bought a garden flat in Potton, conveyancing was carried out half a dozen years ago. Can you shed any light on how much the price could be for a 90 year extension to my lease? Equivalent properties in Potton with an extended lease are worth £251,000. The ground rent is £50 levied per year. The lease comes to an end on 21st October 2094

You have 68 years left to run we estimate the premium for your lease extension to be between £9,500 and £11,000 as well as professional fees.

The figure above a general guide to costs for extending a lease, but we are not able to supply the actual costs without more comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There may be additional concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. You should not take any other action based on this information without first seeking the advice of a professional.