I have recently realised that I have Sixty One years left on my flat in Walton on the Naze. I now want to extend my lease but my landlord is missing. 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 for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to demonstrate that you have made all reasonable attempts to locate the landlord. In some cases an enquiry agent should be helpful to conduct investigations and to produce an expert document which can be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s absence and the application to the County Court covering Walton on the Naze.

I have just appointed agents to market my 2 bed flat in Walton on the Naze.Conveyancing is yet to be initiated but I have just received a yearly maintenance charge demand – Do I pay up?

It best that you clear the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

I today plan to offer on a house that appears to be perfect, at a reasonable figure which is making it more attractive. I have subsequently found out that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in Walton on the Naze. Conveyancing lawyers have not yet been appointed. Will they explain the issues?

Most houses in Walton on the Naze are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Walton on the Naze so you should seriously consider looking for a Walton on the Naze conveyancing practitioner and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’sconsent 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 conveyancer should report to you on the legal implications.

Can you offer any advice when it comes to choosing a Walton on the Naze conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Walton on the Naze conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Walton on the Naze conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• If they are not ALEP accredited then why not?

All being well we will complete our sale of a £500000 maisonette in Walton on the Naze in just under a week. The freeholder has quoted £372 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Walton on the Naze?

Walton on the Naze conveyancing on leasehold maisonettes normally necessitates the purchaser’s lawyer sending enquiries for the landlord to answer. Although the landlord is under no legal obligation to respond to these enquiries most will be willing to assist. They are entitled invoice a reasonable charge for answering questions or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is £350, in some situations it is above £800. The administration charge demanded by the landlord must be sent together with a summary of rights and obligations in relation to administration charges, without which the invoice is technically not due. In reality one has little option but to pay whatever is requested of you should you wish to sell the property.

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

Be sure to investigate if the the lease includes any unreasonable restrictions in the lease. For example it is reasonably common in Walton on the Naze leases that pets are not permitted in in a block in Walton on the Naze. If you love the propertyin Walton on the Naze yet your dog can’t make the move with you then you will be presented with a difficult decision. Are any of leasehold owners in dispute over their service charge liability? What is the length of the lease?

Other Topics

Lease Extensions in Walton on the Naze