Fixed-fee leasehold conveyancing in Addington:

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Examples of recent questions relating to leasehold conveyancing in Addington

I am in need of some leasehold conveyancing in Addington. Before I get started I want to be sure as to the unexpired term of the lease.

If the lease is registered - and almost all are in Addington - 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 let out our Addington 1st floor flat temporarily due to a career opportunity. We instructed a Addington conveyancing firm in 2003 but they have since shut and we did not think at the time get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your previous Addington conveyancing lawyer is not available you can review your lease to see if you are permitted to let out the apartment. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you need to seek permission from your landlord or some other party before subletting. The net result is you not allowed to sublet without first obtaining consent. Such consent must not not be unreasonably withheld. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.

There are only Sixty One years left on my lease in Addington. I now wish to extend my lease but my landlord is absent. What options are available to me?

On the basis that 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 mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to prove that you have made all reasonable attempts to locate the freeholder. For most situations a specialist would be helpful to carry out a search and to produce a report which can be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court overseeing Addington.

I am hoping to complete next month on a leasehold property in Addington. Conveyancing lawyers have said that they are sending me a report tomorrow. What should I be looking out for?

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

  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Are you allowed to have a pet in the flat?
  • Whether the lease restricts you from letting out the property, or having a home office for business
  • You must be told what counts as a Nuisance in the lease
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • Responsibility for repairing the window frames
  • What you can do if a neighbour breach a clause of their lease? For details of the information to be contained in your report on your leasehold property in Addington please enquire of your lawyer in ahead of your conveyancing in Addington

  • I am a negotiator for a reputable estate agency in Addington where we see a few leasehold sales put at risk due to short leases. I have received conflicting advice from local Addington conveyancing firms. Please can you clarify whether the seller of a flat can start the lease extension formalities for the purchaser on completion of the sale?

    Provided that the seller has owned the lease 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. The benefit of this is that the buyer 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 prior to, or simultaneously with completion of the disposal of the property.

    An alternative approach is 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 buyer.

    Having spent months of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Addington. Can we issue an application to the Residential Property Tribunal Service?

    You certainly can. We can put you in touch with a Addington conveyancing firm who can help.

    An example of a Freehold Enfranchisement case for a Addington premises is 26 Manor Road in July 2010. the Tribunal decided that price to be paid for the freehold was £12,420 This case related to 2 flats. The the unexpired residue of the current lease was 76.75 and 88.83.