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Leasehold conveyancing in Clapton is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Clapton and next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Clapton leasehold conveyancing Example Support Desk Enquiries

I am in need of some leasehold conveyancing in Clapton. Before I get started I require certainty as to the remaining lease term.

Assuming the lease is recorded at the land registry - and 99.9% are in Clapton - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Expecting to sign contracts shortly on a basement flat in Clapton. Conveyancing solicitors inform me that they are sending me a report on Monday. What should I be looking out for?

The report on title for your leasehold conveyancing in Clapton should include some of the following:

  • Defining your legal entitlements in relation to the communal areas in the building.For instance, does the lease grant a right of way over a path or staircase?
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Does the lease prevent you from letting out the property, or having a home office for business
  • Changes to the flat (alterations and additions)
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • 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
  • Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Clapton please ask your lawyer in advance of your conveyancing in Clapton

    • I am a negotiator for a reputable estate agency in Clapton where we have witnessed a few leasehold sales put at risk as a result of short leases. I have been given contradictory information from local Clapton conveyancing solicitors. Can you clarify whether the vendor of a flat can initiate 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 kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.

    An alternative approach is to extend the lease informally by agreement with the landlord 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 provide any top tips for leasehold conveyancing in Clapton from the perspective of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Clapton can be bypassed where you appoint lawyers the minute your agents start advertising the property and request that they start to collate the leasehold information needed by the purchasers’ solicitors.
    • Many freeholders or Management Companies in Clapton levy fees for providing management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management information sought 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 Clapton.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Clapton leases often stipulate that internal structural alterations or addition of wooden flooring necessitate a licence from the Landlord approving such changes. If you fail to have the consents in place do not communicate with the landlord without contacting your lawyer before hand.
  • If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share document. Organising a duplicate share certificate can be a time consuming process and slows down many a Clapton conveyancing transaction. If a duplicate share certificate is necessary, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.
  • You believe that you know the number of years left on your lease but it would be advisable double-check by asking your solicitors. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the lease term is below 80 years. In the circumstances it is essential at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • I have given up trying to purchase the freehold in Clapton. Can this matter be resolved via the Leasehold Valuation Tribunal?

    in cases where there is a absentee freeholder or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to make a decision on the amount due.

    An example of a Freehold Enfranchisement matter before the tribunal for a Clapton residence is 104 Nightingale Road in May 2009. The Tribunal's Decision is that the premium torbe paid for the enfranchisement in this case is £112,174 This case related to 10 flats. The the unexpired term as at the valuation date was 71.25 years.

    Are there frequently found defects that you witness in leases for Clapton properties?

    There is nothing unique about leasehold conveyancing in Clapton. Most leases are unique and legal mistakes in the legal wording can result in certain sections are erroneous. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain elements of the property
    • 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 difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Coventry Building Society, and Alliance & Leicester all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the purchaser to withdraw.

    Other Topics

    Lease Extensions in Clapton