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Biggin Hill leasehold conveyancing: Q and A’s

I am in need of some leasehold conveyancing in Biggin Hill. Before I get started I require certainty as to the number of years remaining on the lease.

Assuming the lease is registered - and almost all are in Biggin Hill - 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.

I am intending to let out my leasehold apartment in Biggin Hill. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

A small minority of properties in Biggin Hill do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience suggests 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 consent.

Expecting to sign contracts shortly on a studio apartment in Biggin Hill. Conveyancing solicitors inform 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 Biggin Hill should include some of the following:

  • You should receive a copy of the lease
  • The total extent of the property. This will be the property itself but may include a roof space or basement if appropriate.
  • Setting out your legal entitlements in respect of the communal areas in the block.E.G., does the lease provide for a right of way over an accessway or staircase?
  • Does the lease prevent you from letting out the property, or working from home
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • What you can do if a neighbour is in violation of a provision in their lease? For details of the information to be included in your report on your leasehold property in Biggin Hill please ask your solicitor in advance of your conveyancing in Biggin Hill

    • I am attracted to a two maisonettes in Biggin Hill both have approximately 50 years unexpired on the lease term. Will this present a problem?

    A lease is a legal document that entitles you to use the premises for a prescribed time frame. As a lease gets shorter the value of the lease decreases and results in it becoming more expensive to extend the lease. For this reason it is advisable to increase the term of the lease. More often than not it is difficult to sell a property with a short lease as mortgage companies less inclined to grant a loan on properties of this type. Lease extension can be a difficult process. We recommend you get professional assistance from a solicitor and surveyor with experience in this arena

    I've recently bought a leasehold house in Biggin Hill. Do I have any liability for service charges for periods before completion of my purchase?

    In a situation 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. However, your landlord may still be able to take action to forfeit the lease. It is an essential part 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).

    Having spent years of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in Biggin Hill. Can we issue an application to the Residential Property Tribunal Service?

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

    An example of a Lease Extension matter before the tribunal for a Biggin Hill 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 remaining number of years on the lease was 50.57 years.

    Other Topics

    Lease Extensions in Biggin Hill