Having checked my lease I have discovered that there are only 68 years remaining on my lease in Hampstead Garden Suburb. I am keen to get lease extension but my freeholder is missing. What are my options?

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 granted an extra 90 years by the magistrate. You will be obliged to prove that you or your lawyers have used your best endeavours to locate the lessor. On the whole an enquiry agent would be useful to carry out a search and to produce a report to be used as proof that the freeholder can not be located. It is wise to seek advice from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Hampstead Garden Suburb.

I am hoping to sign contracts shortly on a leasehold property in Hampstead Garden Suburb. Conveyancing solicitors inform me that they will have a report out to me tomorrow. What should I be looking out for?

Your report on title for your leasehold conveyancing in Hampstead Garden Suburb should include some of the following:

• You must be told what counts as a Nuisance in the lease

Whether your lease has a provision for a sinking fund?

Changes to the flat (alterations and additions)

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.

Responsibility for repairing the window frames

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? For details of the information to be included in your report on your leasehold property in Hampstead Garden Suburb please enquire of your solicitor in ahead of your conveyancing in Hampstead Garden Suburb

I've found a house that appears to meet my requirements, at a great price which is making it more attractive. I have since discovered 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 Hampstead Garden Suburb. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Hampstead Garden Suburb ?

Most houses in Hampstead Garden Suburb are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Hampstead Garden Suburb so you should seriously consider shopping around for a Hampstead Garden Suburb conveyancing solicitor 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. Being a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example obtaining the landlord’spermission to carry out changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is located on an estate. Your lawyer should appraise you on the various issues.

We expect to complete our sale of a £325000 garden flat in Hampstead Garden Suburb in just under a week. The landlords agents has quoted £396 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Hampstead Garden Suburb?

For the majority of leasehold sales in Hampstead Garden Suburb conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Addressing pre-contract questions
• Where consent is required before sale in Hampstead Garden Suburb
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Hampstead Garden Suburb leasehold premises is £350. For Hampstead Garden Suburb 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 required to supply the information.

I have had difficulty in negotiating a lease extension in Hampstead Garden Suburb. Can the Leasehold Valuation Tribunal adjudicate on premiums?

You certainly can. We are happy to put you in touch with a Hampstead Garden Suburb conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Hampstead Garden Suburb flat is FFF, 37 and Garage 1, Queensborough Court North Circular Road in September 2012. The Tribunal determined that the premium for the lease extension should be £67,037 This case related to 1 flat. The unexpired term was 23.66 years.

When it comes to leasehold conveyancing in Hampstead Garden Suburb what are the most common lease problems?

Leasehold conveyancing in Hampstead Garden Suburb is not unique. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain clauses are wrong. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the premises
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You will have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, Chelsea Building Society, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the purchaser to withdraw.