Fixed-fee leasehold conveyancing in Barons Court:

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When it comes to leasehold conveyancing in Barons Court, you will need to chose a conveyancing solicitor with leasehold experience. Whether your mortgage company is to be Clydesdale , RBS or NatWest make sure you find a lawyer on their approved list. Feel free to use our search tool

Top Five Questions relating to Barons Court leasehold conveyancing

I own a leasehold house in Barons Court. Conveyancing and Halifax mortgage organised. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Barons Court who previously acted has long since retired.What should I do?

The first thing you should do is contact HMLR to be sure that this person is indeed the new freeholder. It is not necessary to instruct a Barons Court conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I work for a long established estate agency in Barons Court where we have witnessed a few flat sales put at risk as a result of short leases. I have received conflicting advice from local Barons Court conveyancing solicitors. Please can you confirm 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. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible 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.

What are your top tips when it comes to appointing a Barons Court conveyancing practice to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Barons Court conveyancing firm) it is most important 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 Barons Court conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

  • What volume of lease extensions has the firm carried out in Barons Court in the last 12 months?
  • What are the costs for lease extension conveyancing?

    • Do you have any advice for leasehold conveyancing in Barons Court with the aim of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Barons Court can be avoided where you instruct lawyers as soon as you market your property and request that they start to collate the leasehold documentation needed by the purchasers’ lawyers.
    • In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Barons Court leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord approving such changes. Should you fail to have the approvals in place you should not communicate with the landlord without contacting your lawyer first.
  • A minority of Barons Court leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is able to meet 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 purchasers or their lawyers.
  • If you have had conflict with your landlord or managing agents it is essential that these are settled prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is unsettled. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to completion of the sale. 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 present the dispute as over as opposed to unresolved.
  • You may think that you are aware of the number of years remaining on your lease but you should double-check by asking your lawyers. A buyer’s conveyancer will not be happy to advise their client to where the remaining number of years is below 75 years. In the circumstances it is essential at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • I have attempted and failed to negotiate with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal decide on such matters? Can you recommend a Barons Court conveyancing firm to help?

    You certainly can. We are happy to put you in touch with a Barons Court conveyancing firm who can help.

    An example of a Freehold Enfranchisement decision for a Barons Court property is 19 Crisp Road in June 2009. Following a vesting order (Under section 26 of the Leasehold Reform,Housing and Urban Development Act 1993) The tribunal determined that the premium payable for the acquisition of the freehold was £33,756,apportioned as to£12,285 for the lower at and £21,471for the upper fat. This case affected 2 flats. The the number of years remaining on the existing lease(s) was 68.32 years.

    What makes a Barons Court lease defective?

    There is nothing unique about leasehold conveyancing in Barons Court. All leases are unique and drafting errors can result in certain clauses are missing. 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
    • 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

    You will have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Virgin Money, and Clydesdale all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to withdraw.

    Other Topics

    Lease Extensions in Barons Court