Guaranteed fixed fees for Leasehold Conveyancing in Barnes

When it comes to leasehold conveyancing in Barnes, you will need to appoint a conveyancing solicitor with leasehold experience. Whether your lender is to be Halifax, RBS or Nationwide make sure you find a lawyer on their approved list. Find a Barnes conveyancing lawyer with our search tool

Questions and Answers: Barnes leasehold conveyancing

I would like to sublet my leasehold flat in Barnes. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Notwithstanding that your last Barnes conveyancing lawyer is no longer around you can check your lease to see if you are permitted to let out the apartment. The rule is that if the lease is silent, subletting is permitted. There may be a precondition that you are obliged to seek permission via your landlord or other appropriate person before subletting. This means that you cannot sublet in the absence of prior permission. Such consent should not be unreasonably turned down. If your lease prohibits you from letting out the property you should ask your landlord for their consent.

I have recently realised that I have Sixty One years left on my flat in Barnes. I now wish to get lease extension but my landlord is absent. What are my options?

On the basis that you qualify, 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 Court. You will be obliged to demonstrate that you have made all reasonable attempts to track down the freeholder. In some cases a specialist may be helpful to try and locate and prepare a report which can be used as proof that the freeholder is indeed missing. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s disappearance and the application to the County Court overseeing Barnes.

Looking forward to exchange soon on a basement flat in Barnes. Conveyancing solicitors assured me that they will have a report out to me next week. 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:

  • How long the lease is You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
  • Defining your legal entitlements in respect of the communal areas in the building.For instance, does the lease provide for a right of way over a path or staircase?
  • Are pets allowed in the flat?
  • Whether the lease restricts you from renting out the property, or working from home
  • You must be told what constitutes a Nuisance in the lease
  • Whether your lease has a provision for a reserve fund?
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required For details of the information to be contained in your report on your leasehold property in Barnes please ask your solicitor in advance of your conveyancing in Barnes

  • Estate agents have just been given the go-ahead to market my ground floor flat in Barnes.Conveyancing has not commenced but I have just received a quarterly service charge demand – what should I do?

    Your conveyancing lawyer is likely to suggest that you should clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

    I am the leaseholder of a ground floor flat in Barnes. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal make a decision on the premium due for the purchase of the freehold?

    Where there is a absentee landlord or if there is disagreement about the premium for a lease extension, under the relevant legislation it is possible to make an application to the LVT to make a decision on the premium.

    An example of a Freehold Enfranchisement decision for a Barnes residence 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 related to 2 flats. The unexpired term was 156.6 years and 66.6 years.

    Are there frequently found problems that you encounter in leases for Barnes properties?

    Leasehold conveyancing in Barnes is not unique. Most leases are individual and drafting errors can sometimes mean that certain provisions are missing. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain parts of the premises
    • 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

    A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Coventry Building Society, and Alliance & Leicester all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, obliging the buyer to withdraw.

    Other Topics

    Lease Extensions in Barnes