Ealing leasehold conveyancing: Q and A’s
I am in need of some leasehold conveyancing in Ealing. Before diving in I want to be sure as to the number of years remaining on the lease.
If the lease is registered - and almost all are in Ealing - 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 am intending to let out my leasehold apartment in Ealing. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
The lease governs the relationship between the landlord and you the flat owner; specifically, it will say if subletting is not allowed, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Ealing do not contain an absolute prevention of subletting – such a provision would adversely affect the market value the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.
There are only Sixty One years remaining on my flat in Ealing. I now want to extend my lease but my landlord is can not be found. What options are available to me?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to prove that you or your lawyers have used your best endeavours to find the freeholder. In some cases a specialist should be helpful to carry out a search and to produce an expert document to be used as proof that the freeholder can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s disappearance and the application to the County Court overseeing Ealing.
I've recently bought a leasehold property in Ealing. Do I have any liability for service charges relating to a period prior to completion of my purchase?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Do you have any top tips for leasehold conveyancing in Ealing with the purpose of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Ealing can be reduced if you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information needed by the purchasers’ lawyers.
- If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Ealing state that internal structural changes or laying down wooden flooring require a licence issued by the Landlord consenting to such changes. If you dont have the consents to hand you should not communicate with the landlord without checking with your solicitor in advance.
- 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 property where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to reveal the dispute as historic rather than ongoing.
- If you hold a share in a the freehold, you should make sure that you hold the original share document. Obtaining a re-issued share certificate is often a time consuming process and frustrates many a Ealing home move. Where a duplicate share is needed, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible.
- You believe that you know the number of years left on your lease but you should double-check by asking your conveyancers. A purchaser's conveyancer will be unlikely to recommend their client to where the lease term is under 75 years. In the circumstances it is essential at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.
I have had difficulty in trying to purchase the freehold in Ealing. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Absolutely. We can put you in touch with a Ealing conveyancing firm who can help.
An example of a Lease Extension case for a Ealing residence is Flat 4 38 The Mall in April 2014. the Tribunal held that the premium payable for the lease extension to be £25,451 This case affected 1 flat. The the unexpired residue of the current lease was 68.7 years.
I bought a ground floor flat in Ealing, conveyancing having been completed in 2002. Can you shed any light on how much the price could be for a 90 year extension to my lease? Equivalent flats in Ealing with a long lease are worth £189,000. The average or mid-range amount of ground rent is £45 charged once a year. The lease finishes on 21st October 2091
With only 65 years left to run the likely cost is going to range between £16,200 and £18,600 plus costs.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to provide a more accurate figure without more detailed investigations. Do not use this information in a Notice of Claim or as an informal offer. There may be other concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Neither should you move forward based on this information before seeking the advice of a professional.