Having checked my lease I have discovered that there are only Fifty years remaining on my flat in Rendlesham. 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. You will be obliged to prove that you or your lawyers have used your best endeavours to find the freeholder. On the whole an enquiry agent should be helpful to try and locate and to produce a report which can be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court covering Rendlesham.

I have just appointed agents to market my garden apartment in Rendlesham.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly service charge invoice – what should I do?

It best that you 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 managing agents 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.

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

If you are instructing a property lawyer for lease extension works (regardless if they are a Rendlesham conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Rendlesham conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:

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

What are the charges for lease extension work?

Do you have any advice for leasehold conveyancing in Rendlesham with the aim of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Rendlesham can be avoided if you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation needed by the purchasers’ solicitors.
• If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Rendlesham leases often stipulate that internal structural alterations or laying down wooden flooring require a licence from the Landlord consenting to such changes. If you dont have the approvals in place do not communicate with the landlord without checking with your lawyer first.

A minority of Rendlesham leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors.

If you have had any disputes with your landlord or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to 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 clearly preferable to present the dispute as historic as opposed to unresolved.

You believe that you know the number of years left on your lease but it would be advisable verify this by asking your conveyancers. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is below 75 years. In the circumstances it is essential at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

We expect to complete our sale of a £325000 maisonette in Rendlesham next week. The management company has quoted £420 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Rendlesham?

Rendlesham conveyancing on leasehold maisonettes nine out of ten times results in fees being invoiced by freeholders :

• Answering pre-contract enquiries
• Where consent is required before sale in Rendlesham
• 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 Rendlesham leasehold property is £350. For Rendlesham 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 obliged to supply answers.

Rendlesham Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

What restrictions are contained in the Rendlesham Lease? Does the lease have more than 80 years left? Its a good idea to discover as much as you can concerning the company managing the block as they can either make your life much simpler or problematic. As the owner of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to day to day matters such as the upkeep of the communal areas. Enquire of other tenants if they are happy with their service. In conclusion, be sure you discover the dates that you are obliged pay the maintenance charge to the relevant party and precisely what you get for your money.

Other Topics

Lease Extensions in Rendlesham