There are only 72 years unexpired on my flat in Heathfield. I now wish to get lease extension but my freeholder is can not be found. What options are available to me?

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 mean that your lease can be extended by the magistrate. You will be obliged to prove that you have used your best endeavours to locate the landlord. 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 landlord can not be located. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s absence and the application to the County Court overseeing Heathfield.

Expecting to complete next month on a leasehold property in Heathfield. Conveyancing lawyers have said that they are sending me a report on Monday. What should I be looking out for?

The report on title for your leasehold conveyancing in Heathfield should include some of the following:

• The physical extent of the demise. This will be the apartment itself but might incorporate a roof space or cellar if appropriate.

Setting out your legal entitlements in relation to the communal areas in the block.By way of example, does the lease permit a right of way over a path or hallways?

Are pets allowed in the flat?

Does the lease prevent you from subletting the property, or working from home

You should have a good understanding of the insurance provisions

I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required

Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? For a comprehensive list of information to be included in your report on your leasehold property in Heathfield please ask your conveyancer in advance of your conveyancing in Heathfield

Estate agents have just been given the go-ahead to market my ground floor flat in Heathfield.Conveyancing is yet to be initiated but I have just had a half-yearly service charge invoice – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should clear the invoice 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 management companies 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.

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

• A significant proportion of the delay in leasehold conveyancing in Heathfield can be reduced where you get in touch lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information needed by the buyers representatives.
• If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you laid down wooden flooring? Heathfield leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord acquiescing to such works. Where you dont have the paperwork to hand do not communicate with the landlord without checking with your solicitor first.

If you have had any disputes with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 better to reveal the dispute as historic as opposed to ongoing.

If you hold a share in a the Management Company, you should make sure that you hold the original share document. Obtaining a duplicate share certificate can be a lengthy formality and delays many a Heathfield home move. If a duplicate share is needed, you should approach the company officers or managing agents (where applicable) for this at the earliest opportunity.

You believe that you know the number of years left on your lease but you should verify this via your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is less than 75 years. It is therefore important at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

We expect to complete our sale of a £275000 flat in Heathfield next week. The landlords agents has quoted £336 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Heathfield?

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

• Completing conveyancing due diligence questions
• Where consent is required before sale in Heathfield
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Heathfield leasehold property is £350. For Heathfield 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 obliged to provide answers.

Heathfield Leasehold Conveyancing - A selection of Queries Prior to Purchasing

Many Heathfield leasehold properties will have a service bill for maintenance of the block set on behalf of the landlord. Where you buy the flat you will have to meet this liability, usually quarterly throughout the year. This can differ from a few hundred pounds to thousands of pounds for large purpose-built blocks. In all probability there will be a rentcharge to be met annual, ordinarily this is not a large figure, say about £25-£75 but you need to enquire as on occasion it could be surprisingly expensive. Does the lease have in excess of 80 years unexpired? Are there any major works on the horizon that could add a premium to the service costs?

Other Topics

Lease Extensions in Heathfield