Questions and Answers: Chislehurst leasehold conveyancing
My partner and I may need to rent out our Chislehurst basement flat temporarily due to a new job. We instructed a Chislehurst conveyancing firm in 2003 but they have since shut and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?
Notwithstanding that your last Chislehurst conveyancing lawyer is not around you can review your lease to see if it allows you to sublet the property. The rule is that if the lease is non-specific, subletting is permitted. There may be a precondition that you are obliged to obtain consent from your landlord or some other party in advance of subletting. The net result is that you cannot sublet in the absence of first obtaining consent. The consent is not allowed to be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.
Looking forward to sign contracts shortly on a basement flat in Chislehurst. Conveyancing solicitors assured me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Chislehurst should include some of the following:
- You should be sent a copy of the lease
Do you have any top tips for leasehold conveyancing in Chislehurst from the point of view of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Chislehurst can be avoided where you get in touch lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the buyers solicitors.
- The majority landlords or Management Companies in Chislehurst charge for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Chislehurst.
All being well we will complete our sale of a £375000 flat in Chislehurst in just under a week. The freeholder has quoted £372 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Chislehurst?
Chislehurst conveyancing on leasehold maisonettes normally necessitates administration charges invoiced by management companies :
- Addressing pre-contract questions
- Where consent is required before sale in Chislehurst
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
I have attempted and failed to negotiate with my landlord for a lease extension without getting anywhere. Can the Leasehold Valuation Tribunal decide on such matters? Can you recommend a Chislehurst conveyancing firm to assist?
Absolutely. We can put you in touch with a Chislehurst conveyancing firm who can help.
An example of a Lease Extension decision for a Chislehurst residence 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 related to 1 flat. The the unexpired residue of the current lease was 72 years.
Are there common problems that you encounter in leases for Chislehurst properties?
There is nothing unique about leasehold conveyancing in Chislehurst. All leases are individual and legal mistakes in the legal wording can result in certain provisions are not included. For example, if your lease is missing any of the following, it could be defective:
- A provision to repair to or maintain elements of the property
- Insurance obligations
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Maintenance charge proportions which don’t add up to the correct percentage
A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Nationwide Building Society, Barnsley Building Society, and Barclays Direct all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the buyer to pull out.