Examples of recent questions relating to leasehold conveyancing in Battersea
I am in need of some leasehold conveyancing in Battersea. Before diving in I want to be sure as to the remaining lease term.
If the lease is registered - and 99.9% are in Battersea - then the leasehold title will always include the short particulars 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've found a house that seems to be perfect, at a reasonable price which is making it more attractive. I have subsequently discovered that it's a leasehold rather than freehold. I am assuming that there are issues buying a leasehold house in Battersea. Conveyancing solicitors have are about to be appointed. Will they explain the issues?
Most houses in Battersea are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are buying in Battersea in which case you should be shopping around for a Battersea conveyancing solicitor and check that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’spermission to conduct alterations. You may also be required to pay a contribution towards the upkeep of the communal areas where the property is part of an estate. Your solicitor will report to you on the legal implications.
I own a leasehold house in Battersea. Conveyancing and Halifax mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Battersea who acted for me is not around.Do I pay?
The first thing you should do is make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Battersea conveyancing firm to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I've recently bought a leasehold flat in Battersea. Am I liable to pay service charges for periods before my ownership?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
What advice can you give us when it comes to choosing a Battersea conveyancing firm to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Battersea conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Battersea conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:
- How familiar is the practice with lease extension legislation?
- How many lease extensions has the firm completed in Battersea in the last 12 months?
I have tried to negotiate informally with with my landlord for a lease extension without getting anywhere. Can one make an application to the Leasehold Valuation Tribunal? Can you recommend a Battersea conveyancing firm to act on my behalf?
Most certainly. We can put you in touch with a Battersea conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Battersea flat is 150A Albert Palace Mansions Lurline Gardens in July 2013. The Tribunal determined that the premium payable for the new lease of the subject property was £42,069 This case affected 1 flat. The the number of years remaining on the existing lease(s) was 57.06 years.
Battersea Conveyancing for Leasehold Flats - Examples of Questions you should ask before Purchasing
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If a Battersea lease has less than 80 years it will have adverse implications on the salability of the property. Check with your lender that they are happy with the length of the lease. A short lease means that you will probably have to extend the lease sooner rather than later and you need to have some idea of how much this will be. For most Battersealease extensions you will be required to have owned the premises for 24 months before you are eligible to extend the lease.
How much is the ground rent and service charge?