Having checked my lease I have discovered that there are only Fifty years left on my lease in Houghton Regis. I am keen to get lease extension but my freeholder is absent. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to locate the lessor. On the whole a specialist would be useful to conduct investigations and prepare a report to be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Houghton Regis.

I am hoping to exchange soon on a basement flat in Houghton Regis. Conveyancing solicitors have said that they report fully next week. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Houghton Regis should include some of the following:

• The total extent of the premises. This will be the flat itself but might incorporate a roof space or basement if appropriate.
• Ground rent - how much and when you need to pay, and also know whether this will change in the future
• An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
• You should have a good understanding of the insurance provisions
• What you can do if a neighbour breach a clause of their lease?
• What the implications are if you breach a clause of your lease?

I've found a house that seems to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have subsequently discovered that the title is leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in Houghton Regis. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Houghton Regis ?

Most houses in Houghton Regis are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are buying in Houghton Regis so you should seriously consider looking for a Houghton Regis conveyancing practitioner and check that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as requiring the landlord’spermission to carry out changes to the property. You may also be required to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your solicitor will appraise you on the various issues.

Can you provide any top tips for leasehold conveyancing in Houghton Regis with the intention of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Houghton Regis can be bypassed if you instruct lawyers the minute your agents start advertising the property and ask them to put together the leasehold documentation which will be required by the purchasers’ representatives.
• The majority freeholders or Management Companies in Houghton Regis charge for supplying management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Houghton Regis.
• In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Houghton Regis leases often stipulate that internal structural changes or addition of wooden flooring require a licence from the Landlord acquiescing to such works. Should you fail to have the approvals to hand you should not communicate with the landlord without checking with your solicitor in the first instance.
• A minority of Houghton Regis leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
• If you have had any disputes 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 nervous about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to pay 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 prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic as opposed to unresolved.

Are there frequently found defects that you come across in leases for Houghton Regis properties?

There is nothing unique about leasehold conveyancing in Houghton Regis. All leases are unique and drafting errors can sometimes mean that certain provisions are missing. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the building
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You could encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Barnsley Building Society, and Godiva Mortgages Ltd all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the purchaser to withdraw.

Leasehold Conveyancing in Houghton Regis - Sample of Queries Prior to Purchasing

Where a Houghton Regis lease has less than 80 years it will affect the value of the flat. It is worth checking with your bank that they are content with remaining years on the lease. A short lease means that you will almost definitely have to extend the lease at some point and it is worth discovering how much this will be. Remember, in most cases you will need to own the premises for two years in order to be entitled to extend the lease. How much is the ground rent and service charge?