There are only 68 years unexpired on my lease in Umberleigh. I need to extend my lease but my landlord is absent. What are my options?

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 lengthened by the Court. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to track down the freeholder. For most situations an enquiry agent should be helpful to try and locate and prepare a report which can be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a solicitor both on devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Umberleigh.

I've found a house that seems to be perfect, at a reasonable figure which is making it all the more appealing. I have subsequently found out that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Umberleigh. Conveyancing advisers have are soon to be instructed. Will they explain the issues?

Most houses in Umberleigh are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Umberleigh in which case you should be looking for a Umberleigh conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the landlord’spermission to conduct changes to the property. You may also be required to pay a contribution towards the upkeep of the estate where the property is located on an estate. Your conveyancer should report to you on the legal implications.

What advice can you give us when it comes to choosing a Umberleigh conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a property lawyer for lease extension works (regardless if they are a Umberleigh conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Umberleigh conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:

• How familiar is the firm with lease extension legislation?

How many lease extensions have they completed in Umberleigh in the last twenty four months?

Do you have any top tips for leasehold conveyancing in Umberleigh with the purpose of speeding up the sale process?

• A significant proportion of the delay in leasehold conveyancing in Umberleigh can be avoided where you instruct lawyers as soon as you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ representatives.
• The majority freeholders or managing agents in Umberleigh levy fees for providing management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Umberleigh.

If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Umberleigh leases often stipulate that internal structural changes or installing wooden flooring calls for a licence from the Landlord approving such alterations. Where you fail to have the consents to hand you should not contact the landlord without contacting your lawyer before hand.

If there is a history of conflict with your landlord or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be warry about purchasing a flat where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic as opposed to unsettled.

If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share document. Arranging a duplicate share certificate is often a time consuming process and delays many a Umberleigh conveyancing deal. Where a new share is necessary, do contact the company director and secretary or managing agents (where applicable) for this sooner rather than later.

We expect to complete the sale of our £375000 garden flat in Umberleigh on Friday in a week. The managing agents has quoted £336 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Umberleigh?

For most leasehold sales in Umberleigh conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Addressing pre-contract enquiries
• Where consent is required before sale in Umberleigh
• 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 solicitor will have no control over the level of the charges for this information but the average costs for the information for Umberleigh leasehold property is £350. For Umberleigh 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 supply the information.

I purchased a ground floor flat in Umberleigh, conveyancing having been completed 2008. Can you give me give me an indication of the likely cost of a lease extension? Corresponding flats in Umberleigh with an extended lease are worth £197,000. The ground rent is £50 levied per year. The lease expires on 21st October 2085

With just 61 years remaining on your lease we estimate the price of your lease extension to span between £20,000 and £23,000 as well as costs.

The figure that we have given is a general guide to costs for extending a lease, but we are not able to supply the actual costs in the absence of comprehensive investigations. 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. Neither should you move forward placing reliance on this information before getting professional advice.

Other Topics

Lease Extensions in Umberleigh