Common questions relating to Blackfriars leasehold conveyancing
I am in need of some leasehold conveyancing in Blackfriars. Before diving in I want to be sure as to the number of years remaining on the lease.
Assuming the lease is registered - and almost all are in Blackfriars - 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 tempted by the attractive purchase price for a two maisonettes in Blackfriars which have approximately 50 years remaining on the leases. should I be concerned?
A lease is a legal document that entitles you to use the premises for a period of time. As the lease shortens the value of the lease reduces and results in it becoming more expensive to acquire a lease extension. This is why it is advisable to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease as mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a protracted process. We recommend you get professional help from a solicitor and surveyor with experience in this field
I've recently bought a leasehold flat in Blackfriars. Am I liable to pay service charges relating to a period prior to 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. Strange as it may seem, 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 ensure 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).
Can you offer any advice when it comes to finding a Blackfriars conveyancing firm to carry out our lease extension conveyancing?
When appointing a solicitor for your lease extension (regardless if they are a Blackfriars 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 speak with two or three firms including non Blackfriars conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:
- Can they put you in touch with client in Blackfriars who can give a testimonial?
- What are the costs for lease extension work?
Can you provide any top tips for leasehold conveyancing in Blackfriars from the perspective of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Blackfriars can be avoided where you instruct lawyers as soon as you market your property and ask them to collate the leasehold information needed by the purchasers’ solicitors.
- If you have carried out any alterations to the residence would they have required Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Blackfriars state that internal structural changes or addition of wooden flooring require a licence from the Landlord approving such alterations. If you fail to have the consents to hand do not communicate with the landlord without contacting your solicitor before hand.
- Some Blackfriars leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
- If you have the benefit of shareholding in the freehold, you should ensure that you have the original share document. Obtaining a re-issued share certificate can be a lengthy formality and frustrates many a Blackfriars home move. Where a reissued share is necessary, you should approach the company officers or managing agents (where applicable) for this at the earliest opportunity.
- You believe that you know the number of years remaining on your lease but it would be wise to double-check by asking your solicitors. A purchaser's lawyer will not be happy to advise their client to where the remaining number of years is below 75 years. It is therefore important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.
I have had difficulty in trying to purchase the freehold in Blackfriars. Can this matter be resolved via the Leasehold Valuation Tribunal?
Absolutely. We can put you in touch with a Blackfriars conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Blackfriars residence is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case related to 1 flat. The the number of years remaining on the existing lease(s) was 66.8 years.
Blackfriars Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to buying