I am in need of some leasehold conveyancing in Dalston. Before diving in I require certainty as to the remaining lease term.

If the lease is recorded at the land registry - and 99.9% are in Dalston - 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 fiance and I may need to let out our Dalston ground floor flat for a while due to taking a sabbatical. We instructed a Dalston conveyancing practice in 2003 but they have closed and we did not have the foresight to get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your last Dalston conveyancing lawyer is not around you can check your lease to see if it allows you to sublet the premises. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you need to seek consent from your landlord or other appropriate person before subletting. This means you not allowed to sublet without first obtaining consent. The consent is not allowed to be unreasonably withheld. If your lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.

My wife and I purchased a leasehold house in Dalston. Conveyancing and Barnsley Building Society mortgage are in place. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1997. The conveyancing solicitor in Dalston who acted for me is not around.Do I pay?

First contact HMLR to make sure that this person is indeed the new freeholder. There is no need to instruct a Dalston conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am looking at a couple of apartments in Dalston both have in the region of fifty years left on the lease term. Will this present a problem?

There are plenty of short leases in Dalston. The lease is a legal document that entitles you to use the premises for a prescribed time frame. As the lease shortens the saleability of the lease reduces and results in it becoming more expensive to extend the lease. This is why it is generally wise to extend the lease term. It is often difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on properties of this type. Lease enfranchisement can be a difficult process. We advise that you seek professional help from a conveyancer and surveyor with experience in this arena

I am a negotiator for a busy estate agency in Dalston where we have experienced a number of flat sales put at risk due to short leases. I have been given contradictory information from local Dalston conveyancing solicitors. Could you clarify whether the owner of a flat can commence the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

I have tried to negotiate informally with with my landlord for a lease extension without getting anywhere. Can one make an application to the Leasehold Valuation Tribunal? Can you recommend a Dalston conveyancing firm to act on my behalf?

Absolutely. We can put you in touch with a Dalston conveyancing firm who can help.

An example of a Freehold Enfranchisement matter before the tribunal for a Dalston residence is 150 Amhurst Road in December 2013. The tribunal concluded that the premium to be paid by the applicant for the enfranchisement of the subject property was £43,500. This case related to 4 flats. The unexpired lease term was 90 (or thereabouts).

Leasehold Conveyancing in Dalston - Examples of Questions you should ask Prior to buying

Be sure to find out if the the lease contains any unreasonable restrictions in the lease. For instance it is reasonably common in Dalston leases that pets are not allowed in certain buildings in Dalston. If you like the flatin Dalston yet your cat is not allowed to move with you then you have a very hard decision. What is the the remaining lease term? Its a good idea to discover as much as possible concerning the managing agents as they can either make your living at the property much easier or much more difficult. As the proprietor of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to every day issues like the upkeep of the common parts. Enquire of other tenants what they think of their service. Finally, investigate as to the dates that you are obliged pay the maintenance charge to the appropriate party and precisely what you get for your money.