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Top Five Questions relating to Cranford leasehold conveyancing

I am on look out for some leasehold conveyancing in Cranford. Before I set the wheels in motion I would like to find out the number of years remaining on the lease.

Assuming the lease is registered - and most are in Cranford - 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.

My wife and I may need to let out our Cranford garden flat temporarily due to a career opportunity. We instructed a Cranford conveyancing practice in 2003 but they have closed and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

Some leases for properties in Cranford do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience dictates 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 permission.

Having checked my lease I have discovered that there are only 72 years remaining on my flat in Cranford. I now wish to extend my lease but my landlord is absent. What options are available to me?

On the basis that you qualify, 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 lengthened by the Court. You will be obliged to prove that you or your lawyers have used your best endeavours to find the landlord. On the whole a specialist would be useful to try and locate and prepare a report to be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a solicitor both on investigating the landlord’s absence and the vesting order request to the County Court covering Cranford.

Can you provide any top tips for leasehold conveyancing in Cranford with the aim of saving time on the sale process?

  • Much of the frustration in leasehold conveyancing in Cranford can be bypassed if you get in touch lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation needed by the purchasers’ solicitors.
  • Many landlords or Management Companies in Cranford levy fees for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Cranford.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Cranford state that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. Where you dont have the consents to hand you should not communicate with the landlord without checking with your conveyancer before hand.
  • If you hold a share in a the Management Company, you should make sure that you have the original share document. Arranging a replacement share certificate can be a time consuming formality and slows down many a Cranford home move. Where a duplicate share is necessary, do contact the company officers or managing agents (if relevant) for this sooner rather than later.
  • You may think that you are aware of the number of years left on your lease but you should verify this via your lawyers. A buyer’s lawyer will be unlikely to recommend their client to where the lease term is under 75 years. In the circumstances it is important at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

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

    if there is a absentee landlord or if there is dispute about the premium for a lease extension, under the relevant statutes it is possible to make an application to the Leasehold Valuation Tribunal to decide the price.

    An example of a Freehold Enfranchisement matter before the tribunal for a Cranford flat is 164 Nestles Avenue in October 2013. The tribunal agreed with the proposed price of £20,158 for the freehold and determined that that sum is the amount to be paid into court This case was in relation to 2 flats. The remaining number of years on the lease was 69 years.

    In relation to leasehold conveyancing in Cranford what are the most frequent lease problems?

    There is nothing unique about leasehold conveyancing in Cranford. Most leases are unique and drafting errors can sometimes mean that 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 parts of the building
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, Coventry 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 problematic they may refuse to grant the mortgage, forcing the purchaser to withdraw.