Recently asked questions relating to Bickley leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Bickley. Before diving in I would like to find out the remaining lease term.
If the lease is recorded at the land registry - and almost all are in Bickley - 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.
My wife and I may need to sub-let our Bickley garden flat temporarily due to a new job. We instructed a Bickley conveyancing practice in 2001 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?
Even though your last Bickley conveyancing solicitor is not around you can check your lease to check if you are permitted to let out the premises. The accepted inference is that if the deeds are non-specific, subletting is permitted. Quite often there is a prerequisite that you must seek permission via your landlord or some other party prior to subletting. The net result is you not allowed to sublet without prior consent. Such consent is not allowed to be unreasonably refused ore delayed. If your lease does not allow you to sublet you will need to ask your landlord for their consent.
I am attracted to a couple of flats in Bickley both have about fifty years remaining on the lease term. Will this present a problem?
There are plenty of short leases in Bickley. The lease is a right to use the property for a prescribed time frame. As a lease shortens the marketability of the lease reduces and it becomes more expensive to acquire a lease extension. For this reason it is generally wise to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease because mortgage lenders may be reluctant to lend money on properties of this type. Lease extension can be a protracted process. We advise that you seek professional help from a conveyancer and surveyor with experience in this arena
Can you offer any advice when it comes to choosing a Bickley conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Bickley conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Bickley conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:
- What volume of lease extensions have they completed in Bickley in the last twenty four months?
Can you provide any advice for leasehold conveyancing in Bickley from the perspective of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Bickley can be avoided where you appoint lawyers as soon as your agents start marketing the property and ask them to put together the leasehold information needed by the buyers conveyancers.
- In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Bickley state that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord acquiescing to such works. If you dont have the consents in place do not communicate with the landlord without checking with your lawyer in the first instance.
Following years of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Bickley. Can we issue an application to the Residential Property Tribunal Service?
Absolutely. We can put you in touch with a Bickley conveyancing firm who can help.
An example of a Lease Extension case for a Bickley premises is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case affected 1 flat. The the number of years remaining on the existing lease(s) was 50.57 years.
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