Having checked my lease I have discovered that there are only Fifty years unexpired on my flat in Radford. I now wish to get lease extension but my freeholder 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 for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to prove that you have done all that could be expected to locate the freeholder. In some cases a specialist may be useful to try and locate and prepare an expert document which can be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the vesting order request to the County Court covering Radford.

Estate agents have just been given the go-ahead to market my garden apartment in Radford.Conveyancing is yet to be initiated but I have just received a yearly service charge demand – Do I pay up?

It best that you clear 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 managing agents will not acknowledge the buyer unless 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 Radford. Conveyancing and Halifax 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 1998. The conveyancing solicitor in Radford who previously acted has long since retired.What should I do?

First contact the Land Registry to be sure that this person is indeed the new freeholder. It is not necessary to instruct a Radford conveyancing firm to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Do you have any top tips for leasehold conveyancing in Radford with the intention of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Radford can be avoided if you get in touch lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the buyers representatives.
• Many landlords or managing agents in Radford levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Radford.

If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you installed wooden flooring? Radford leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord acquiescing to such changes. Should you fail to have the approvals in place you should not contact the landlord without contacting your conveyancer first.

If you have had any disputes with your landlord or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be warry about purchasing a property where a dispute is ongoing. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. 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 details of the dispute to the purchasers, but it is better to reveal the dispute as over as opposed to ongoing.

If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share document. Arranging a replacement share certificate is often a time consuming formality and slows down many a Radford home move. Where a new share is required, do contact the company officers or managing agents (if relevant) for this at the earliest opportunity.

We expect to complete our sale of a £200000 flat in Radford next week. The freeholder has quoted £372 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Radford?

Radford conveyancing on leasehold flats typically involves fees being levied by managing agents :

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

Leasehold Conveyancing in Radford - A selection of Queries before Purchasing

Best to be warned whether fixing the lift or some other major work is coming up that will be shared amongst the leasehold owners and may well dramatically increase the the service costs or require a one off payment. What prohibitions exist in the Radford Lease? How many years are left on the lease?

Other Topics

Lease Extensions in Radford