Fixed-fee leasehold conveyancing in Earls Court:

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When it comes to leasehold conveyancing in Earls Court, you will need to appoint a conveyancing practitioner with leasehold experience. Whether your mortgage company is to be Clydesdale , Birmingham Midshires or Nationwide make sure you find a lawyer on their approved list. Find a Earls Court conveyancing lawyer with our search tool

Questions and Answers: Earls Court leasehold conveyancing

I am intending to sublet my leasehold flat in Earls Court. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

A lease dictates relations between the landlord and you the leaseholder; specifically, it will say if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Earls Court do not contain subletting altogether – such a clause would adversely affect the market value the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

There are only Sixty One years left on my lease in Earls Court. I now want to get lease extension but my landlord is missing. What should I do?

If 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 made all reasonable attempts to find the landlord. For most situations a specialist may be helpful to conduct investigations and prepare an expert document 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 both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing Earls Court.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a great figure which is making it more attractive. I have since been informed that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in Earls Court. Conveyancing advisers have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Earls Court ?

The majority of houses in Earls Court are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are buying in Earls Court in which case you should be shopping around for a Earls Court conveyancing solicitor and check that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as requiring the landlord’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the property is located on an estate. Your conveyancer should appraise you on the various issues.

Can you offer any advice when it comes to finding a Earls Court conveyancing practice to carry out our lease extension conveyancing?

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

  • How familiar is the firm with lease extension legislation?
  • If they are not ALEP accredited then why not?

    • Can you provide any advice for leasehold conveyancing in Earls Court from the point of view of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Earls Court can be reduced if you appoint lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the purchasers’ solicitors.
    • Many landlords or Management Companies in Earls Court levy fees for supplying management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Earls Court.
  • If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you installed wooden flooring? Most leases in Earls Court state that internal structural alterations or installing wooden flooring require a licence issued by the Landlord acquiescing to such alterations. Should you fail to have the approvals to hand you should not contact the landlord without contacting your solicitor before hand.
  • If there is a history of any disputes with your freeholder or managing agents it is essential that these are settled before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is ongoing. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as over rather than unsettled.
  • If you hold a share in a the Management Company, you should ensure that you hold the original share document. Arranging a duplicate share certificate is often a lengthy process and slows down many a Earls Court conveyancing deal. Where a duplicate share certificate is necessary, do contact the company director and secretary or managing agents (where applicable) for this sooner rather than later.

    • I am the leaseholder of a basement flat in Earls Court. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal make a decision on the premium due for a lease extension?

    Where there is a absentee freeholder or if there is disagreement about the premium for a lease extension, under the relevant statutes it is possible to make an application to the First-tier Tribunal (Property Chamber) to arrive at the price.

    An example of a Freehold Enfranchisement matter before the tribunal for a Earls Court flat is 5 Wetherby Gardens in June 2014. the Tribunal concluded that the price to be paid for the freehold of the property was £2,369,452. This case was in relation to 5 flats. The the unexpired residue of the current lease was 38.98 years.

    Other Topics

    Lease Extensions in Earls Court