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Charing Cross leasehold conveyancing Example Support Desk Enquiries

I want to sublet my leasehold apartment in Charing Cross. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Notwithstanding that your last Charing Cross conveyancing lawyer is no longer available you can check your lease to see if you are permitted to let out the premises. The accepted inference is that if the lease is non-specific, subletting is allowed. There may be a precondition that you must obtain permission via your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet without prior permission. The consent should not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

I only have 62 years unexpired on my flat in Charing Cross. I am keen to extend my lease but my freeholder is missing. What are my options?

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 Court. However, you will be required to prove that you or your lawyers have made all reasonable attempts to locate the landlord. In some cases an enquiry agent may be helpful to try and locate and prepare an expert document to be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court overseeing Charing Cross.

Expecting to exchange soon on a garden flat in Charing Cross. Conveyancing solicitors inform me that they will have a report out to me next week. What should I be looking out for?

The report on title for your leasehold conveyancing in Charing Cross should include some of the following:

  • Are you allowed to have a pet in the flat?
  • Whether the lease restricts you from renting out the flat, or having a home office for business
  • You must be told what counts as a Nuisance in the lease
  • Whether your lease has a provision for a reserve fund?
  • You should have a good understanding of the insurance provisions
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • What options are open to you if a neighbour breach a clause of their lease? For details of the information to be included in your report on your leasehold property in Charing Cross please ask your lawyer in advance of your conveyancing in Charing Cross

    • What are your top tips when it comes to choosing a Charing Cross conveyancing firm to deal with our lease extension?

    If you are instructing a property lawyer for your lease extension (regardless if they are a Charing Cross conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Charing Cross conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

    • How familiar is the firm with lease extension legislation?
  • Can they put you in touch with client in Charing Cross who can give a testimonial?

    • Do you have any top tips for leasehold conveyancing in Charing Cross from the perspective of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Charing Cross can be bypassed if you get in touch lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information needed by the purchasers’ conveyancers.
    • Many landlords or managing agents in Charing Cross levy fees for providing management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Charing Cross.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Charing Cross state that internal structural alterations or installing wooden flooring require a licence issued by the Landlord approving such changes. Should you fail to have the consents in place do not contact the landlord without contacting your solicitor first.
  • If you hold a share in a the freehold, you should ensure that you are holding the original share document. Obtaining a new share certificate can be a time consuming formality and frustrates many a Charing Cross conveyancing transaction. Where a reissued share is needed, you should approach the company director and secretary or managing agents (where applicable) for this as soon as possible.
  • You believe that you know the number of years remaining on your lease but it would be advisable double-check via your lawyers. A purchaser's conveyancer will not be happy to advise their client to to exchange contracts if the lease term is under 75 years. In the circumstances it is important at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • I am the registered owner of a ground floor flat in Charing Cross. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal determine the amount payable for the purchase of the freehold?

    if there is a missing landlord or if there is disagreement about what the lease extension should cost, under the relevant statutes it is possible to make an application to the First-tier Tribunal (Property Chamber) to judgment on the price payable.

    An example of a Freehold Enfranchisement case for a Charing Cross premises is 20 Avonwick Road in July 2013. The Tribunal was dealing with an application under Section 26 of the Leasehold Reform Housing and Urban Development Act 1993 for a determination of the freehold value of the property. It was concluded that the price to be paid was Fifteen Thousand Nine Hundred and Seventy (£15,970) divided as to £8,200 for Flat 20 and £7,770 for Flat 20A This case affected 1 flat. The unexpired lease term was 73.26 years.

    Other Topics

    Lease Extensions in Charing Cross