Top Five Questions relating to Dulwich leasehold conveyancing
I am in need of some leasehold conveyancing in Dulwich. Before diving in I want to be sure as to the number of years remaining on the lease.
Assuming the lease is registered - and almost all are in Dulwich - 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.
Having checked my lease I have discovered that there are only 62 years left on my lease in Dulwich. I need to get lease extension but my landlord is absent. What are my options?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to locate the freeholder. In some cases a specialist may be helpful to conduct investigations and prepare a report which can be accepted by the court as proof that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Dulwich.
Looking forward to complete next month on a leasehold property in Dulwich. Conveyancing solicitors have said that they report fully next week. What should I be looking out for?
Your report on title for your leasehold conveyancing in Dulwich should include some of the following:
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
- Does the lease require carpeting throughout thus preventing wood flooring?
- You must be told what constitutes 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
- Changes to the flat (alterations and additions)
- What options are open to you if a neighbour breach a clause of their lease?
I work for a reputable estate agency in Dulwich where we have witnessed a few flat sales derailed as a result of short leases. I have been given contradictory information from local Dulwich conveyancing firms. Could you confirm 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 kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having 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 purchaser.
Can you provide any top tips for leasehold conveyancing in Dulwich from the perspective of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in Dulwich can be reduced if you appoint lawyers as soon as your agents start advertising the property and ask them to put together the leasehold information which will be required by the buyers solicitors.
- Many landlords or managing agents in Dulwich charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Dulwich.
- In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Dulwich leases often stipulate that internal structural alterations or laying down wooden flooring necessitate a licence from the Landlord consenting to such alterations. Should you fail to have the paperwork to hand do not communicate with the landlord without contacting your solicitor in advance.
- Some Dulwich leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
- If you hold a share in a the Management Company, you should ensure that you are holding the original share document. Arranging a re-issued share certificate is often a time consuming formality and delays many a Dulwich conveyancing transaction. Where a duplicate share certificate is required, you should approach the company director and secretary or managing agents (where relevant) for this as soon as possible.
We have reached the end of our tether in seeking a lease extension in Dulwich. Can this matter be resolved via the Leasehold Valuation Tribunal?
if there is a missing freeholder or if there is disagreement about what the lease extension should cost, under the relevant legislation you can apply to the First-tier Tribunal (Property Chamber) to assess the price payable.
An example of a Lease Extension case for a Dulwich premises is 60 Taymount Grange Taymount Rise in June 2012. The Tribunal determined the premium at £13,346 for a lease extension of a further 90 years This case was in relation to 1 flat. The the number of years remaining on the existing lease(s) was 64 years.
I invested in buying a basement flat in Dulwich, conveyancing having been completed 2012. Can you please calculate a probable premium for a statutory lease extension? Corresponding flats in Dulwich with a long lease are worth £193,000. The ground rent is £55 invoiced every year. The lease ceases on 21st October 2095
With 69 years remaining on your lease we estimate the premium for your lease extension to span between £11,400 and £13,200 as well as plus your own and the landlord's "reasonable" professional fees.
The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action based on this information before seeking the advice of a professional.