There are only Seventy years remaining on my flat in Sea Mills. I now wish to extend my lease but my freeholder is absent. What should I do?

If 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 granted an extra 90 years by the Court. You will be obliged to prove that you have made all reasonable attempts to locate the landlord. For most situations an enquiry agent may be helpful to carry out a search and to produce an expert document to be used as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s absence and the application to the County Court covering Sea Mills.

My wife and I purchased a leasehold flat in Sea Mills. Conveyancing and Platform Home Loans Ltd mortgage organised. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Sea Mills who acted for me is not around.Do I pay?

The first thing you should do is make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Sea Mills conveyancing firm to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am attracted to a two apartments in Sea Mills both have approximately fifty years unexpired on the lease term. Will this present a problem?

There are plenty of short leases in Sea Mills. The lease is a right to use the premises for a prescribed time frame. As a lease gets shorter the value of the lease decreases and results in it becoming more expensive to extend the lease. This is why it is often a good idea to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease as mortgage lenders may be reluctant to lend money on such properties. Lease enfranchisement can be a difficult process. We recommend you get professional help from a conveyancer and surveyor with experience in this arena

What are your top tips when it comes to finding a Sea Mills conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Sea Mills conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Sea Mills 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:

• How familiar is the practice with lease extension legislation?

What volume of lease extensions have they completed in Sea Mills in the last twenty four months?

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £375000 flat in Sea Mills next Monday . The landlords agents has quoted £324 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Sea Mills?

Sea Mills conveyancing on leasehold maisonettes normally results in administration charges invoiced by landlords agents :

• Addressing pre-exchange enquiries
• Where consent is required before sale in Sea Mills
• 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 Sea Mills leasehold premises is £350. For Sea Mills 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 answers.

Leasehold Conveyancing in Sea Mills - A selection of Questions you should ask before Purchasing

What is the maintenance charge and ground rent on the flat? Are any of leasehold owners in dispute over their service charge liability? The prefered form of lease arrangement is a share of the freehold. In this scenario the tenants benefit from being in charge if their destiny and although a managing agent is often retained where it is bigger than a house conversion, the managing agent is directed by the tenants.

Other Topics

Lease Extensions in Sea Mills