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Top Five Questions relating to Aldborough Hatch leasehold conveyancing

I am on look out for some leasehold conveyancing in Aldborough Hatch. Before I set the wheels in motion I require certainty as to the remaining lease term.

If the lease is recorded at the land registry - and most are in Aldborough Hatch - 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.

I want to rent out my leasehold flat in Aldborough Hatch. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

A small minority of properties in Aldborough Hatch do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I have recently realised that I have Sixty One years unexpired on my flat in Aldborough Hatch. I now wish to extend my lease but my freeholder is missing. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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 Court. You will be obliged to prove that you have made all reasonable attempts to track down the lessor. In some cases a specialist would be helpful to carry out a search and to produce an expert document to be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s disappearance and the application to the County Court covering Aldborough Hatch.

Do you have any top tips for leasehold conveyancing in Aldborough Hatch from the perspective of saving time on the sale process?

  • Much of the frustration in leasehold conveyancing in Aldborough Hatch can be bypassed where you appoint lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the buyers representatives.
  • Many landlords or Management Companies in Aldborough Hatch levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Aldborough Hatch.
  • If you have carried out any alterations to the property would they have required Landlord’s permission? In particular have you laid down wooden flooring? Aldborough Hatch leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. Should you fail to have the paperwork to hand you should not communicate with the landlord without contacting your lawyer before hand.
  • A minority of Aldborough Hatch leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying the annual 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • You believe that you know the number of years remaining on your lease but it would be wise to double-check via your lawyers. A buyer’s conveyancer will not be happy to advise their client to where the remaining number of years is under 80 years. It is therefore important at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £375000 apartment in Aldborough Hatch next Tuesday . The freeholder has quoted £336 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Aldborough Hatch?

    Aldborough Hatch conveyancing on leasehold flats more often than not involves the purchaser’s lawyer sending enquiries for the landlord to answer. Although the landlord is under no legal obligation to respond to these enquiries most will be content to assist. They may levy a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average costs for the information that you are referring to is £350, in some cases it is in excess of £800. The administration charge invoiced by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration charges, without which the charge is technically not due. In reality you have little option but to pay whatever is requested of you if you want to sell the property.

    I am the proprietor of a basement flat in Aldborough Hatch. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal determine the sum due for a lease extension?

    Absolutely. We are happy to put you in touch with a Aldborough Hatch conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a Aldborough Hatch property is 49 Aldborough Road South in July 2012. The Tribunal decided that the premium payable for the grant of the new lease was £13,925 This case related to 1 flat. The the unexpired term as at the valuation date was 61.36 years.