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Recently asked questions relating to East Sheen leasehold conveyancing

My husband and I may need to rent out our East Sheen garden flat for a while due to a career opportunity. We used a East Sheen conveyancing practice in 2003 but they have since shut and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in East Sheen do contain a provision to say that subletting is only allowed with permission. 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 consent.

I am hoping to exchange soon on a garden flat in East Sheen. Conveyancing lawyers inform me that they report fully next week. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in East Sheen should include some of the following:

  • Setting out your legal entitlements in relation to common areas in the building.For instance, does the lease provide for a right of way over an accessway or staircase?
  • Are pets allowed in the flat?
  • Does the lease prevent you from subletting the property, or working from home
  • You must be told what counts as a Nuisance in the lease
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For a comprehensive list of information to be contained in your report on your leasehold property in East Sheen please enquire of your solicitor in ahead of your conveyancing in East Sheen

    • I am employed by a reputable estate agent office in East Sheen where we have witnessed a number of flat sales put at risk due to leases having less than 80 years remaining. I have received contradictory information from local East Sheen conveyancing firms. Can you confirm whether the owner of a flat can initiate the lease extension formalities for the buyer?

    As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer 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.

    An alternative approach is to agree the lease extension with the freeholder 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.

    Can you offer any advice when it comes to appointing a East Sheen conveyancing practice to deal with our lease extension?

    When appointing a property lawyer for lease extension works (regardless if they are a East Sheen conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with two or three firms including non East Sheen conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

    • If the firm is not ALEP accredited then why not?
  • Can they put you in touch with client in East Sheen who can give a testimonial?

    • Do you have any top tips for leasehold conveyancing in East Sheen from the perspective of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in East Sheen can be reduced where you get in touch lawyers the minute your agents start marketing the property and ask them to collate the leasehold information needed by the purchasers’ solicitors.
    • Many freeholders or managing agents in East Sheen charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for 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 common cause of delay in leasehold conveyancing in East Sheen.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in East Sheen state that internal structural alterations or laying down wooden flooring require a licence from the Landlord acquiescing to such works. Where you fail to have the consents in place do not communicate with the landlord without contacting your conveyancer first.
  • If you have had conflict with your landlord or managing agents it is essential that these are settled prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a flat 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 prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as over rather than unsettled.
  • You may think that you are aware of the number of years left on your lease but it would be advisable double-check via your conveyancers. A purchaser's conveyancer will not be happy to advise their client to where the remaining number of years is less than 80 years. In the circumstances it is important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • Following years of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in East Sheen. Can we issue an application to the Residential Property Tribunal Service?

    Most certainly. We can put you in touch with a East Sheen conveyancing firm who can help.

    An example of a Freehold Enfranchisement case for a East Sheen property is 19 St. Margarets Crescent in August 2010. the tribunal was of the view that the premium to be paid by the leaseholder for the freehold reversion was £51,983.00 This case affected 3 flats. The the unexpired residue of the current lease was 66.25 years.

    Other Topics

    Lease Extensions in East Sheen