Having checked my lease I have discovered that there are only Sixty One years unexpired on my flat in Tibshelf. I am keen to get lease extension but my freeholder is can not be found. What are my options?

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 granted an extra 90 years by the Court. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to find the freeholder. On the whole a specialist may be useful to try and locate and prepare a report which can be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to proving the landlord’s absence and the application to the County Court overseeing Tibshelf.

I am looking at a couple of apartments in Tibshelf both have about forty five years unexpired on the leases. Will this present a problem?

There are plenty of short leases in Tibshelf. The lease is a right to use the premises for a period of time. As a lease shortens the value of the lease decreases and results in it becoming more costly to extend the lease. This is why it is generally wise to increase the term of the lease. It is often difficult to sell a property with a short lease because mortgage companies may be unwilling to lend money on properties of this type. Lease enfranchisement can be a difficult process. We recommend you seek professional assistance from a conveyancer and surveyor with experience in this arena

Can you offer any advice when it comes to choosing a Tibshelf conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Tibshelf conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Tibshelf conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• How experienced is the firm with lease extension legislation?
• If the firm is not ALEP accredited then what is the reason?

Can you provide any advice for leasehold conveyancing in Tibshelf with the intention of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Tibshelf can be reduced if you appoint lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation which will be required by the purchasers’ conveyancers.
• Many landlords or managing agents in Tibshelf levy fees for providing management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Tibshelf.
• Some Tibshelf leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying 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 lawyers.
• If you are supposed to have a share in the freehold, you should ensure that you have the original share certificate. Obtaining a new share certificate can be a lengthy formality and delays many a Tibshelf home move. If a new share certificate is needed, do contact the company director and secretary or managing agents (where relevant) for this sooner rather than later.
• You believe that you know the number of years remaining on your lease but you should double-check by asking your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is under 75 years. In the circumstances it is important at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

We expect to complete the sale of our £ 350000 garden flat in Tibshelf next week. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Tibshelf?

Tibshelf conveyancing on leasehold flats often involves the purchaser’s solicitor sending enquiries for the landlord to address. Although the landlord is not legally bound to address such questions the majority will be content to do so. They are at liberty invoice a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some transactions it exceeds £800. The administration charge invoiced by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration charges, without which the invoice is not strictly payable. In reality one has no choice but to pay whatever is demanded if you want to exchange contracts with the buyer.

Tibshelf Leasehold Conveyancing - Sample of Questions you should consider Prior to buying

Is there a share of the freehold? This information is useful as a) areas could result in problems in the block as the communal areas may start to deteriorate where services are not paid for b) if the leasehold owners have a dispute with the managing agents you will want to have all the details It is important to be aware whether window replacement or some other major work is coming up that will be shared amongst the leaseholders and will materially impact the level of the service fees or necessitate a specific invoice.