Frequently asked questions relating to East Sheen leasehold conveyancing
My wife and I may need to rent out our East Sheen basement flat temporarily due to taking a sabbatical. We used a East Sheen conveyancing practice in 2002 but they have since shut and we did not have the foresight to get any guidance as to whether the lease permits subletting. How do we find out?
Some leases for properties in East Sheen do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse 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.
Due to complete next month on a studio apartment in East Sheen. Conveyancing lawyers have said that they are sending me a report within the next couple of days. 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:
- How long the lease is You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
- Defining your rights in respect of the communal areas in the block.For example, does the lease contain a right of way over an accessway or staircase?
- Does the lease prohibit wood flooring?
- Whether the lease restricts you from subletting the property, or having a home office for business
- You should have a good understanding of the insurance provisions
- What options are open to you if a neighbour is in violation of a provision in their lease?
- What the implications are if you breach a clause of your lease?
Last month I purchased a leasehold property in East Sheen. Am I liable to pay service charges for periods before my ownership?
In a situation 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. Strange as it may seem, 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 be sure 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).
What are your top tips when it comes to appointing a East Sheen conveyancing practice to deal with our lease extension?
When appointing a solicitor for lease extension works (regardless if they are a East Sheen conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non East Sheen conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:
- If the firm is not ALEP accredited then what is the reason?
- What are the costs for lease extension work?
Can you provide any advice for leasehold conveyancing in East Sheen with the aim of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in East Sheen can be bypassed where you get in touch lawyers the minute you market your property and ask them to collate the leasehold information needed by the purchasers’ lawyers.
- Many landlords or Management Companies in East Sheen charge for providing management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in East Sheen.
- If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? East Sheen leases often stipulate that internal structural changes or installing wooden flooring require a licence from the Landlord approving such changes. If you dont have the paperwork to hand do not communicate with the landlord without checking with your solicitor before hand.
- A minority of East Sheen leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The 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 buyers or their lawyers.
- You may think that you are aware of the number of years remaining on your lease but you should verify this by asking your conveyancers. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is less than 75 years. In the circumstances it is important at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.
My wife and I have hit a brick wall in negotiating a lease extension in East Sheen. Can the Leasehold Valuation Tribunal adjudicate on premiums?
You certainly can. 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 flat 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 term as at the valuation date was 66.25 years.
I acquired a basement flat in East Sheen, conveyancing formalities finalised half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Similar properties in East Sheen with a long lease are worth £240,000. The ground rent is £50 invoiced annually. The lease terminates on 21st October 2087
With only 61 years left to run the likely cost is going to span between £20,000 and £23,000 as well as legals.
The figure that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. Do not use this information in tribunal or court proceedings. There are no doubt additional concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information before seeking the advice of a professional.