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Questions and Answers: Barnes leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Barnes. Before I set the wheels in motion I want to be sure as to the remaining lease term.

If the lease is registered - and almost all are in Barnes - 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.

There are only 68 years unexpired on my lease in Barnes. I now want to extend my lease but my freeholder is absent. 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 enable the lease to be lengthened by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to find the lessor. In some cases an enquiry agent should be useful to carry out a search and to produce an expert document to be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s absence and the application to the County Court covering Barnes.

Due to complete next month on a studio apartment in Barnes. Conveyancing lawyers inform me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

  • You should receive a copy of the lease
  • The physical extent of the demise. This will be the apartment itself but could also include a roof space or cellar if applicable.
  • Defining your legal entitlements in respect of common areas in the block.By way of example, does the lease permit a right of way over an accessway or hallways?
  • Whether your lease has a provision for a sinking fund?
  • Changes to the flat (alterations and additions)
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? For details of the information to be contained in your report on your leasehold property in Barnes please ask your solicitor in ahead of your conveyancing in Barnes

  • What are your top tips when it comes to finding a Barnes conveyancing practice to carry out our lease extension conveyancing?

    If you are instructing a conveyancer for lease extension works (regardless if they are a Barnes conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Barnes 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 of use:

    • How familiar is the firm with lease extension legislation?
  • Can they put you in touch with client in Barnes who can give a testimonial?

  • Can you provide any advice for leasehold conveyancing in Barnes from the perspective of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Barnes can be avoided where you appoint lawyers the minute you market your property and request that they start to collate the leasehold documentation which will be required by the purchasers’ solicitors.
    • The majority landlords or Management Companies in Barnes charge for supplying management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Barnes.
  • A minority of Barnes 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 financial (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 buyers or their solicitors.
  • If you hold a share in a the freehold, you should ensure that you hold the original share certificate. Obtaining a new share certificate is often a time consuming formality and slows down many a Barnes home move. Where a new share is necessary, you should approach the company director and secretary or managing agents (if applicable) for this sooner rather than later.
  • You believe that you know the number of years remaining on your lease but it would be advisable double-check via your lawyers. A buyer’s conveyancer will not be happy to advise their client to to exchange contracts if the lease term is less than 80 years. It is therefore essential at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

  • I have attempted and failed to negotiate with my landlord for a lease extension without success. Can one make an application to the Leasehold Valuation Tribunal? Can you recommend a Barnes conveyancing firm to act on my behalf?

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

    An example of a Freehold Enfranchisement case for a Barnes flat is 25 Petley Road in February 2010. The Tribunal determined that the price payable for the freehold of the subject premises should be £18,760. This case affected 2 flats. The the unexpired residue of the current lease was 156.6 years and 66.6 years.

    Other Topics

    Lease Extensions in Barnes