There are only 72 years unexpired on my lease in Walton on the Naze. I need to get lease extension but my freeholder is can not be found. What should I do?

If you qualify, 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 magistrate. However, you will be required to prove that you or your lawyers have done all that could be expected to locate the landlord. In some cases an enquiry agent may be useful to try and locate and prepare an expert document which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s absence and the vesting order request to the County Court covering Walton on the Naze.

I today plan to offer on a house that seems to meet my requirements, at a great price which is making it all the more appealing. I have since discovered that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Walton on the Naze. Conveyancing lawyers have are about to be instructed. Will they explain the issues?

Most houses in Walton on the Naze are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. it is apparent that you are buying in Walton on the Naze so you should seriously consider shopping around for a Walton on the Naze conveyancing practitioner and be sure that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the landlord’spermission to carry out alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is part of an estate. Your solicitor should appraise you on the various issues.

Back In 2006, I bought a leasehold house in Walton on the Naze. Conveyancing and Barnsley Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Walton on the Naze who acted for me is not around.Any advice?

First make enquiries of the Land Registry to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. There is no need to instruct a Walton on the Naze conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Can you provide any advice for leasehold conveyancing in Walton on the Naze from the perspective of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Walton on the Naze can be reduced if you appoint lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation needed by the purchasers’ conveyancers.
• Many freeholders or Management Companies in Walton on the Naze charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Walton on the Naze.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £350000 flat in Walton on the Naze in just under a week. The landlords agents has quoted £312 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Walton on the Naze?

Walton on the Naze conveyancing on leasehold apartments normally involves the buyer’s conveyancer submitting enquiries for the landlord to address. Although the landlord is under no legal obligation to respond to such questions the majority will be willing to assist. They are at liberty invoice a reasonable administration fee for answering questions or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some cases it is above £800. The management information fee required by the landlord must be sent together with a synopsis of rights and obligations in respect of administration charges, without which the invoice is not strictly payable. Reality however dictates that you have little choice but to pay whatever is demanded should you wish to sell the property.

Walton on the Naze Conveyancing for Leasehold Flats - Examples of Questions you should ask before buying

How is the lease structured? Plenty Walton on the Naze leasehold apartments will be liable to pay a service bill for the upkeep of the block invoiced by the management company. Where you acquire the flat you will have to meet this contribution, normally in instalments throughout the year. This can differ from a couple of hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a ground rent for you to pay annual, this is usually not a large amount, say around £50-£100 but you should to check as sometimes it could be surprisingly expensive. On the whole the outlay for major works tend not to be included within maintenance charges, albeit that a few managing agents in Walton on the Naze require leasehold owners to contribute towards a reserve fund and this is used to offset against larger repairs or maintenance.

Other Topics

Lease Extensions in Walton on the Naze