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Leasehold conveyancing in Belgravia is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Belgravia and across next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Top Five Questions relating to Belgravia leasehold conveyancing

My fiance and I may need to sub-let our Belgravia garden flat for a while due to a new job. We instructed a Belgravia conveyancing firm in 2001 but they have since shut and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?

A small minority of properties in Belgravia do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to see 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 permission.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have subsequently found out that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Belgravia. Conveyancing lawyers have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Belgravia ?

The majority of houses in Belgravia are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. it is apparent that you are buying in Belgravia so you should seriously consider shopping around for a Belgravia conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct alterations. It may be necessary to pay a service charge towards the maintenance of the communal areas where the house is part of an estate. Your lawyer will report to you on the legal implications.

Can you offer any advice when it comes to finding a Belgravia conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Belgravia conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Belgravia conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:

  • How many lease extensions have they completed in Belgravia in the last year?
  • What are the costs for lease extension conveyancing?

    • Can you provide any advice for leasehold conveyancing in Belgravia from the point of view of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in Belgravia can be reduced where you appoint lawyers as soon as your agents start marketing the property and ask them to put together the leasehold information which will be required by the buyers solicitors.
    • The majority landlords or managing agents in Belgravia charge for providing management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Belgravia.
  • If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you installed wooden flooring? Belgravia leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. Where you dont have the paperwork to hand you should not communicate with the landlord without contacting your lawyer in the first instance.
  • If you have had conflict with your landlord or managing agents it is essential that these are settled before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where a dispute is ongoing. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic as opposed to ongoing.
  • If you hold a share in a the freehold, you should make sure that you hold the original share document. Organising a replacement share certificate can be a time consuming formality and delays many a Belgravia conveyancing deal. Where a reissued share certificate is required, do contact the company officers or managing agents (if applicable) for this as soon as possible.

    • All being well we will complete our sale of a £225000 garden flat in Belgravia next week. The management company has quoted £408 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Belgravia?

    Belgravia conveyancing on leasehold apartments more often than not involves the purchaser’s solicitor sending questions for the landlord to address. Although the landlord is under no legal obligation to answer these enquiries most will be willing to assist. They are at liberty invoice a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is £350, in some situations it is above £800. The management information fee demanded by the landlord must be accompanied by a synopsis of entitlements and obligations in respect of administration fees, otherwise the invoice is technically not due. In reality you have little choice but to pay whatever is demanded should you wish to exchange contracts with the buyer.

    I am the proprietor of a first floor flat in Belgravia. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal determine the sum due for the purchase of the freehold?

    Where there is a absentee freeholder or if there is disagreement about what the lease extension should cost, under the relevant legislation it is possible to make an application to the LVT to judgment on the amount due.

    An example of a Lease Extension matter before the tribunal for a Belgravia residence is Flat 3 47 Cadogan Square in December 2010. the Tribunal determined that the premium payable to the landord by the leaseholder for the lease extension was £732,935 This case was in relation to 1 flat. The the unexpired residue of the current lease was 13.33 years.

    Other Topics

    Lease Extensions in Belgravia