There are only Seventy years remaining on my lease in South Brent. I now want to extend my lease but my freeholder is can not be found. What are my options?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to locate the lessor. On the whole a specialist should be helpful to conduct investigations and prepare a report to be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a conveyancer both on devolving into the landlord’s absence and the application to the County Court overseeing South Brent.

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have subsequently been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in South Brent. Conveyancing lawyers have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in South Brent ?

Most houses in South Brent are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are buying in South Brent in which case you should be shopping around for a South Brent conveyancing solicitor and be sure that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’sconsent to conduct changes to the property. It may be necessary to pay a service charge towards the maintenance of the estate where the property is part of an estate. Your lawyer will advise you fully on all the issues.

I own a leasehold flat in South Brent. Conveyancing and Yorkshire Building Society mortgage organised. A letter has just been received from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1998. The conveyancing solicitor in South Brent who acted for me is not around.What should I do?

First make enquiries of the Land Registry to make sure that the individual claiming to own the freehold is indeed the new freeholder. It is not necessary to instruct a South Brent conveyancing practitioner to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am looking at a two maisonettes in South Brent which have in the region of fifty years left on the leases. Will this present a problem?

There are plenty of short leases in South Brent. The lease is a legal document that entitles you to use the premises for a prescribed time frame. As a lease gets shorter the saleability of the lease decreases and results in it becoming more costly to extend the lease. This is why it is advisable to increase the term of the lease. More often than not it is difficult to sell a property with a short lease as mortgage lenders less inclined to grant a loan on properties of this type. Lease extension can be a protracted process. We advise that you get professional help from a conveyancer and surveyor with experience in this arena

I am employed by a reputable estate agent office in South Brent where we see a number of leasehold sales put at risk as a result of short leases. I have been given conflicting advice from local South Brent conveyancing solicitors. Please can you confirm whether the owner of a flat can start the lease extension formalities for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

South Brent Conveyancing for Leasehold Flats - Examples of Queries before buying

Best to be warned whether changing the roof or some other major work is coming up to be shared amongst the leasehold owners and will dramatically impact the level of the maintenance costs or require a one time payment. The majority of South Brent leasehold apartments will be liable to pay a service charge for the upkeep of the building invoiced by the landlord. If you purchase the property you will have to pay this liability, usually in instalments throughout the year. This could vary from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common grounds. In all likelihood there will be a rentcharge for you to pay yearly, this is usually not a exorbitant amount, say around £25-£75 but you should to enquire as occasionally it can be surprisingly expensive. Make sure you find out if the the lease includes any adverse restrictions in the lease. For instance some leases prohibit pets being permitted in in a block in South Brent. If you love the propertyin South Brent however your cat is not allowed to make the move with you then you will be faced hard choice.

Other Topics

Lease Extensions in South Brent