I have recently realised that I have Sixty One years remaining on my flat in Southall. I am keen to extend my lease but my freeholder is absent. What should I do?

If you meet the appropriate requirements, 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 extended by the Court. However, you will be required to prove that you have made all reasonable attempts to find the freeholder. In some cases a specialist should be useful to try and locate and to produce a report which can be used as proof that the landlord is indeed missing. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Southall.

Due to sign contracts shortly on a leasehold property in Southall. Conveyancing lawyers assured me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

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

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
• Setting out your legal entitlements in respect of the communal areas in the building.For instance, does the lease provide for a right of way over a path or hallways?
• Does the lease require carpeting throughout thus preventing wood flooring?
• Are pets allowed in the flat?
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
• What options are open to you if a neighbour is in violation of a provision in their lease?
• What the implications are if you breach a clause of your lease?

I am looking at a couple of apartments in Southall both have in the region of forty five years remaining on the lease term. Do I need to be concerned?

A lease is a right to use the premises for a prescribed time frame. As a lease shortens the marketability of the lease reduces and it becomes more costly to extend the lease. For this reason it is often a good idea to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease because mortgage lenders may be reluctant to lend money on such properties. Lease enfranchisement can be a protracted process. We advise that you get professional assistance from a solicitor and surveyor with experience in this area

Do you have any top tips for leasehold conveyancing in Southall with the aim of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Southall can be avoided if you get in touch lawyers the minute you market your property and request that they start to collate the leasehold information which will be required by the buyers solicitors.
• Many freeholders or managing agents in Southall levy fees for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Southall.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Southall leases often stipulate that internal structural changes or addition of wooden flooring require a licence from the Landlord approving such changes. Where you fail to have the consents to hand do not communicate with the landlord without checking with your solicitor before hand.
• A minority of Southall leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
• If you hold a share in a the Management Company, you should ensure that you are holding the original share certificate. Organising a re-issued share certificate is often a lengthy process and slows down many a Southall home move. If a new share certificate is required, you should approach the company officers or managing agents (where relevant) for this at the earliest opportunity.

I am the proprietor of a first floor flat in Southall. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the premium due for a lease extension?

if there is a absentee freeholder or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to arrive at the sum to be paid.

An example of a Lease Extension case for a Southall premises is 33 Barbican Road in January 2013. The Tribunals calculation of the lease extension premium payable was £17,592. This case was in relation to 1 flat. The unexpired lease term was 55.12 years.

What are the common deficiencies that you come across in leases for Southall properties?

Leasehold conveyancing in Southall is not unique. All leases are unique 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:

• A provision to repair to or maintain parts of the premises
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Nationwide Building Society, The Royal Bank of Scotland, and Godiva Mortgages Ltd all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the buyer to withdraw.

I am the registered owner of a studio flat in Southall, conveyancing was carried out 3 years ago. Can you please calculate a probable premium for a statutory lease extension? Comparable flats in Southall with over 90 years remaining are worth £217,000. The average or mid-range amount of ground rent is £50 invoiced every year. The lease ceases on 21st October 2081

With 55 years left to run the likely cost is going to range between £29,500 and £34,000 as well as professional fees.

The suggested premium range above a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of detailed investigations. You should not use this information in a Notice of Claim or as an informal offer. There may be other concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before getting professional advice.