I only have 68 years unexpired on my flat in Saffron Walden. I am keen to extend my lease but my freeholder is can not be found. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order 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 or your lawyers have made all reasonable attempts to find the landlord. For most situations an enquiry agent may be useful to carry out a search and prepare an expert document to be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s absence and the vesting order request to the County Court covering Saffron Walden.

I today plan to offer on a house that appears to meet my requirements, at a reasonable price which is making it all the more appealing. I have subsequently discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Saffron Walden. Conveyancing lawyers have not yet been appointed. Will they explain the issues?

Most houses in Saffron Walden are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Saffron Walden in which case you should be shopping around for a Saffron Walden conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the freeholder’spermission to conduct changes to the property. You may also be required to pay a contribution towards the upkeep of the communal areas where the property is part of an estate. Your lawyer should advise you fully on all the issues.

Back In 2004, I bought a leasehold flat in Saffron Walden. Conveyancing and National Westminster Bank mortgage organised. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Saffron Walden who acted for me is not around.What should I do?

The first thing you should do is contact HMLR to be sure that this person is indeed the new freeholder. You do not need to incur the fees of a Saffron Walden conveyancing lawyer to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Can you provide any advice for leasehold conveyancing in Saffron Walden from the point of view of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Saffron Walden can be bypassed where you get in touch lawyers the minute you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ conveyancers.
• Many freeholders or Management Companies in Saffron Walden levy fees for providing management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for as soon as you have 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 cause of frustration in leasehold conveyancing in Saffron Walden.

In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Saffron Walden state that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord consenting to such works. If you dont have the approvals in place do not communicate with the landlord without checking with your conveyancer first.

If you are supposed to have a share in the freehold, you should ensure that you are holding the original share document. Arranging a re-issued share certificate can be a time consuming process and frustrates many a Saffron Walden conveyancing transaction. If a new share certificate is required, do contact the company officers or managing agents (if applicable) for this as soon as possible.

You believe that you know the number of years remaining on your lease but it would be advisable verify this via your lawyers. A purchaser's lawyer will not be happy to advise their client to where the remaining number of years is below 75 years. It is therefore essential at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

We expect to complete the sale of our £125000 flat in Saffron Walden in just under a week. The landlords agents has quoted £300 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Saffron Walden?

Saffron Walden conveyancing on leasehold apartments typically necessitates administration charges invoiced by managing agents :

• Completing pre-contract questions
• Where consent is required before sale in Saffron Walden
• 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 Saffron Walden leasehold property is £350. For Saffron Walden 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 provide the information.

I own a 1st floor flat in Saffron Walden, 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? Similar flats in Saffron Walden with an extended lease are worth £240,000. The ground rent is £45 levied per year. The lease comes to an end on 21st October 2079

With only 54 years left to run we estimate the premium for your lease extension to range between £36,100 and £41,800 plus legals.

The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt other concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before seeking the advice of a professional.

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Lease Extensions in Saffron Walden