I have recently realised that I have Fifty years left on my lease in Leigh On Sea. I need to get lease extension but my freeholder is absent. What options are available to me?

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 magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to track down the freeholder. In some cases a specialist would be helpful to try and locate and prepare an expert document to be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on investigating the landlord’s disappearance and the application to the County Court covering Leigh On Sea.

I've found a house that appears to meet my requirements, at a great figure which is making it more attractive. I have subsequently found out that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Leigh On Sea. Conveyancing lawyers have not yet been appointed. Will they explain the issues?

Most houses in Leigh On Sea are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Leigh On Sea in which case you should be looking for a Leigh On Sea conveyancing solicitor and be sure that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a service charge towards the maintenance of the communal areas where the house is located on an estate. Your solicitor should report to you on the legal implications.

I am a negotiator for a busy estate agency in Leigh On Sea where we have witnessed a few leasehold sales jeopardised as a result of short leases. I have been given inconsistent advice from local Leigh On Sea conveyancing firms. Could you shed some light as to whether the seller of a flat can commence the lease extension formalities for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Can you offer any advice when it comes to choosing a Leigh On Sea 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 Leigh On Sea conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Leigh On Sea conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:

• What volume of lease extensions have they completed in Leigh On Sea in the last twenty four months?

Can you provide any advice for leasehold conveyancing in Leigh On Sea with the aim of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Leigh On Sea can be reduced where you get in touch lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold documentation needed by the purchasers’ representatives.
• Some Leigh On Sea leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet the annual 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.

Leigh On Sea Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

The answer will be useful as a) areas could cause problems in the building as the communal areas may begin to deteriorate where services remain unpaid b) if the tenants have a dispute with the managing agents you will want to have complete disclosure How many years remain on the lease? Is anyone aware of any major works on the horizon that will add a premium to the service costs?

Other Topics

Lease Extensions in Leigh On Sea