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Common questions relating to Crews Hill leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Crews Hill. Before diving in I would like to find out the remaining lease term.

Assuming the lease is recorded at the land registry - and 99.9% are in Crews Hill - then the leasehold title will always include the short particulars 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 want to sublet my leasehold apartment in Crews Hill. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

A small minority of properties in Crews Hill do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to review 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.

Due to complete next month on a studio apartment in Crews Hill. 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 Crews Hill should include some of the following:

  • The length of the lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
  • The total extent of the demise. This will be the apartment itself but might incorporate a loft or basement if appropriate.
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Are you allowed to have a pet in the flat?
  • You should be told what counts as a Nuisance in the lease
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? For a comprehensive list of information to be contained in your report on your leasehold property in Crews Hill please enquire of your lawyer in ahead of your conveyancing in Crews Hill

  • Can you offer any advice when it comes to finding a Crews Hill conveyancing firm to deal with our lease extension?

    If you are instructing a solicitor for your lease extension (regardless if they are a Crews Hill conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Crews Hill conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

    • What volume of lease extensions have they conducted in Crews Hill in the last 12 months?
  • What are the costs for lease extension conveyancing?

  • Do you have any advice for leasehold conveyancing in Crews Hill with the purpose of expediting the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Crews Hill can be avoided if you appoint lawyers the minute you market your property and ask them to collate the leasehold information which will be required by the buyers conveyancers.
    • 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? Crews Hill leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence from the Landlord consenting to such changes. Should you dont have the consents in place do not contact the landlord without checking with your solicitor before hand.
  • If there is a history of conflict with your landlord or managing agents it is essential that these are resolved before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a flat where a dispute is unresolved. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is better to present the dispute as historic rather than ongoing.
  • If you hold a share in a the freehold, you should ensure that you have the original share certificate. Obtaining a new share certificate is often a time consuming process and delays many a Crews Hill conveyancing transaction. Where a duplicate share certificate is required, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible.
  • You may think that you are aware of the number of years remaining on your lease but you should double-check by asking your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is less than 75 years. It is therefore important at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

  • Despite our best endeavours, we have been unsuccessful in trying to purchase the freehold in Crews Hill. Can this matter be resolved via the Leasehold Valuation Tribunal?

    Where there is a missing landlord or if there is dispute about what the lease extension should cost, under the relevant legislation you can apply to the LVT to make a decision on the price payable.

    An example of a Freehold Enfranchisement case for a Crews Hill flat is 23 Beaconsfield Road in July 2013. The Tribunals decided that the amount payable was £31,203 for the freehold. This case affected 2 flats. The the number of years remaining on the existing lease(s) was 70.31 years.