Having had my offer accepted I require leasehold conveyancing in Hackbridge. Before diving in I want to be sure as to the remaining lease term.

Assuming the lease is registered - and 99.9% are in Hackbridge - 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.

My husband and I may need to sub-let our Hackbridge basement flat temporarily due to taking a sabbatical. We instructed a Hackbridge conveyancing practice in 2002 but they have closed and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?

Your lease governs relations between the landlord and you the leaseholder; in particular, it will indicate if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Hackbridge do not prevent subletting altogether – such a provision would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

I today plan to offer on a house that appears to be perfect, at a great price which is making it all the more appealing. I have since been informed that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Hackbridge. Conveyancing solicitors have not yet been instructed. Will they explain the issues?

The majority of houses in Hackbridge are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are purchasing in Hackbridge in which case you should be looking for a Hackbridge conveyancing solicitor and check that they have experience in advising on 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 to the property. The lease will likely included provisions such as requiring the landlord’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the property is part of an estate. Your conveyancer should advise you fully on all the issues.

Can you provide any advice for leasehold conveyancing in Hackbridge with the intention of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Hackbridge can be reduced if you appoint lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information needed by the purchasers’ lawyers.
• Many landlords or Management Companies in Hackbridge charge for supplying management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Hackbridge.

If you have carried out any alterations to the premises would they have required Landlord’s consent? In particular have you laid down wooden flooring? Hackbridge leases often stipulate that internal structural alterations or installing wooden flooring require a licence from the Landlord acquiescing to such changes. Where you fail to have the approvals in place you should not communicate with the landlord without checking with your conveyancer in the first instance.

If you are supposed to have a share in the freehold, you should ensure that you hold the original share certificate. Organising a replacement share certificate is often a time consuming formality and delays many a Hackbridge conveyancing transaction. If a reissued share is required, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.

You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check by asking your lawyers. A buyer’s lawyer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is below 80 years. In the circumstances it is important at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £175000 flat in Hackbridge in 5 days. The freeholder has quoted £348 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Hackbridge?

Hackbridge conveyancing on leasehold maisonettes typically involves administration charges levied by freeholders :

• Answering conveyancing due diligence enquiries
• Where consent is required before sale in Hackbridge
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Hackbridge leasehold property is £350. For Hackbridge 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 provide answers.

After months of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Hackbridge. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

Most definitely. We can put you in touch with a Hackbridge conveyancing firm who can help.

An example of a Freehold Enfranchisement decision for a Hackbridge premises is 21 & 23 Carshalton Grove in May 2009. the Tribunal adopted the figures presented as the premiums payable by the Applicant i.e. a total of £20,750. This case was in relation to 2 flats. The the unexpired term as at the valuation date was 72 years.

Other Topics

Lease Extensions in Hackbridge