Top Five Questions relating to Bromley leasehold conveyancing
I only have Fifty years left on my flat in Bromley. I now want to get lease extension but my landlord is missing. What should I do?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to track down the lessor. For most situations a specialist should be useful to try and locate and prepare an expert document which can be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s absence and the application to the County Court covering Bromley.
Planning to sign contracts shortly on a leasehold property in Bromley. Conveyancing lawyers inform me that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Bromley should include some of the following:
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
I am tempted by the attractive purchase price for a two apartments in Bromley both have approximately fifty years remaining on the lease term. Will this present a problem?
There are plenty of short leases in Bromley. The lease is a right to use the premises for a period of time. As a lease gets shorter the marketability of the lease reduces and it becomes more expensive to acquire a lease extension. For this reason it is often a good idea to extend the lease term. It is often difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on properties of this type. Lease extension can be a difficult process. We advise that you seek professional assistance from a solicitor and surveyor with experience in this field
Can you provide any advice for leasehold conveyancing in Bromley from the point of view of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Bromley can be reduced where you get in touch lawyers the minute you market your property and ask them to put together the leasehold information which will be required by the buyers lawyers.
- If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Bromley state that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord approving such changes. Should you dont have the approvals to hand do not contact the landlord without contacting your solicitor in the first instance.
I inherited a ground floor flat in Bromley. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal make a decision on the premium due for the purchase of the freehold?
You certainly can. We are happy to put you in touch with a Bromley conveyancing firm who can help.
An example of a Lease Extension case for a Bromley property is 70 Andace Park Gardens 133-149 Widmore Road in November 2013. Tribunal determined that the premium payable for the lease extension was £10,052 This case affected 1 flat. The the number of years remaining on the existing lease(s) was 72 years.
What makes a Bromley lease unmortgageable?
Leasehold conveyancing in Bromley is not unique. All leases is drafted differently and drafting errors can result in certain clauses are missing. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain elements of the premises
- Insurance obligations
- A provision for the recovery of money spent for the benefit of another party.
- Maintenance charge proportions which don’t add up to the correct percentage
You may encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Skipton Building Society, and Clydesdale all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, forcing the purchaser to withdraw.