I have recently realised that I have 62 years unexpired on my lease in Westbury Park. I am keen to extend my lease but my freeholder is can not be found. 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 for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to locate the lessor. In some cases a specialist would be useful to carry out a search and prepare a report to be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s absence and the vesting order request to the County Court overseeing Westbury Park.

I have just started marketing my 2 bed apartment in Westbury Park.Conveyancing is yet to be initiated but I have just had a half-yearly service charge demand – what should I do?

The sensible thing to do is 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. This will smooth the conveyancing process.

Last month I purchased a leasehold house in Westbury Park. Am I liable to pay service charges for periods before my ownership?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

What are your top tips when it comes to choosing a Westbury Park conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Westbury Park conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Westbury Park conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:

• Can they put you in touch with client in Westbury Park who can give a testimonial?
• What are the costs for lease extension conveyancing?

Do you have any top tips for leasehold conveyancing in Westbury Park with the aim of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Westbury Park can be reduced if you appoint lawyers the minute you market your property and ask them to collate the leasehold information which will be required by the purchasers’ lawyers.
• The majority freeholders or managing agents in Westbury Park levy fees for supplying management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Westbury Park.
• If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Westbury Park state that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord acquiescing to such works. Should you dont have the paperwork to hand do not communicate with the landlord without contacting your lawyer in the first instance.
• If there is a history of any disputes with your freeholder or managing agents it is essential that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a property where a dispute is unsettled. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is better to present the dispute as over rather than unsettled.
• If you hold a share in a the Management Company, you should ensure that you have the original share document. Obtaining a new share certificate can be a lengthy formality and delays many a Westbury Park conveyancing transaction. Where a new share certificate is necessary, you should approach the company officers or managing agents (if applicable) for this at the earliest opportunity.

I own a 1 bedroom flat in Westbury Park, conveyancing having been completed half a dozen years ago. Can you shed any light on how much the price could be for a 90 year extension to my lease? Corresponding properties in Westbury Park with an extended lease are worth £224,000. The average or mid-range amount of ground rent is £65 yearly. The lease finishes on 21st October 2102

With only 76 years left to run the likely cost is going to span between £10,500 and £12,000 plus legals.

The suggested premium range above a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure in the absence of detailed due diligence. Do not use the figures in a Notice of Claim or as an informal offer. There may be additional concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before seeking the advice of a professional.