There are only 68 years remaining on my lease in Southend On Sea. I am keen to get lease extension but my landlord is missing. What options are available to me?

On the basis that you meet the appropriate requirements, 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. However, you will be required to prove that you or your lawyers have used your best endeavours to locate the landlord. For most situations a specialist would be useful to conduct investigations and prepare an expert document to be accepted by the court as proof that the landlord can not be located. It is wise to seek advice from a property lawyer both on devolving into the landlord’s disappearance and the application to the County Court overseeing Southend On Sea.

I today plan to offer on a house that seems to be perfect, at a reasonable price which is making it all the more appealing. I have since found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Southend On Sea. Conveyancing lawyers have are about to be instructed. Will they explain the issues?

Most houses in Southend On Sea are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Southend On Sea in which case you should be shopping around for a Southend On Sea 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 unexpired lease term. As a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’spermission to carry out alterations. You may also be required to pay a contribution towards the upkeep of the estate where the property is part of an estate. Your solicitor will report to you on the legal implications.

Back In 2001, I bought a leasehold flat in Southend On Sea. Conveyancing and Leeds Building Society mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Southend On Sea who acted for me is not around.What should I do?

First make enquiries of HMLR to be sure that this person is indeed the new freeholder. It is not necessary to instruct a Southend On Sea conveyancing solicitor 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 the limitation period for recovery of ground rent is six years.

I work for a busy estate agency in Southend On Sea where we see a few flat sales derailed as a result of short leases. I have been given conflicting advice from local Southend On Sea conveyancing firms. Can you clarify whether the seller of a flat can commence the lease extension process for the purchaser on completion of the sale?

Provided that 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. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord 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.

All being well we will complete our sale of a £450000 garden flat in Southend On Sea next Wednesday . The management company has quoted £360 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Southend On Sea?

Southend On Sea conveyancing on leasehold maisonettes more often than not involves the purchaser’s lawyer sending enquiries for the landlord to address. Although the landlord is under no legal obligation to address these enquiries the majority will be content to assist. They are entitled charge a reasonable administration fee for answering enquiries or supplying documentation. There is no set fee. The average costs for the information that you are referring to is £350, in some cases it is above £800. The management information fee levied by the landlord must be accompanied by a summary of entitlements and obligations in respect of administration charges, without which the charge is not strictly payable. Reality however dictates that one has no option but to pay whatever is demanded if you want to complete the sale of your home.

Southend On Sea Leasehold Conveyancing - A selection of Questions you should ask before Purchasing

What prohibitions are there in the Southend On Sea Lease? Its a good idea to find out as much as possible regarding the managing agents as they will either make your living at the property much easier or uncomfortable. As the owner of a leasehold property you are often in the clutches of the managing agents both financially and when it comes to practical matters like the cleanliness of the communal areas. Ask other tenants if they are happy with them. Finally, find out the dates that the service fees are due to the appropriate party and specifically what you get for your money. The answer will be helpful as a) areas can cause problems for the block as the communal areas may begin to deteriorate if maintenance remain unpaid b) if the leaseholders have a dispute with the running of the building you will need to know about it

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Lease Extensions in Southend On Sea