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While any conveyancing practice can theoretically deal with your leasehold conveyancing in Eel Pie Island, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Eel Pie Island leasehold conveyancing Example Support Desk Enquiries

Jane (my partner) and I may need to let out our Eel Pie Island basement flat temporarily due to a new job. We instructed a Eel Pie Island conveyancing practice in 2003 but they have closed and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?

Even though your last Eel Pie Island conveyancing lawyer is not around you can review your lease to see if it allows you to sublet the apartment. The rule is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you need to seek consent from your landlord or some other party before subletting. The net result is that you cannot sublet without prior consent. Such consent must not not be unreasonably turned down. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.

There are only Sixty One years remaining on my flat in Eel Pie Island. I now want to get lease extension but my landlord is can not be found. What options are available to me?

If 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 mean that your lease can be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have done all that could be expected to find the freeholder. On the whole an enquiry agent should be helpful to try and locate and prepare a report which can be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s absence and the vesting order request to the County Court covering Eel Pie Island.

Looking forward to exchange soon on a garden flat in Eel Pie Island. Conveyancing solicitors have said that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Eel Pie Island should include some of the following:

  • The physical extent of the premises. This will be the property itself but may incorporate a loft or cellar if appropriate.
  • Setting out your legal entitlements in respect of the communal areas in the building.By way of example, does the lease provide for a right of way over a path or staircase?
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Are pets allowed in the flat?
  • 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
  • Responsibility for repairing the window frames For details of the information to be contained in your report on your leasehold property in Eel Pie Island please ask your conveyancer in advance of your conveyancing in Eel Pie Island

    • I am attracted to a couple of flats in Eel Pie Island both have in the region of 50 years left on the lease term. Should I regard a short lease as a deal breaker?

    There are plenty of short leases in Eel Pie Island. The lease is a right to use the property for a period of time. As the lease gets shorter the marketability of the lease deteriorate and results in it becoming more costly to extend the lease. For this reason it is generally wise to extend the lease term. More often than not it is difficult to sell a property with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We recommend you seek professional assistance from a conveyancer and surveyor with experience in this area

    What advice can you give us when it comes to choosing a Eel Pie Island conveyancing firm to deal with our lease extension?

    When appointing a solicitor for lease extension works (regardless if they are a Eel Pie Island conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Eel Pie Island conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:

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

    • After years of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Eel Pie Island. Can we issue an application to the Residential Property Tribunal Service?

    Where there is a missing freeholder or where there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to make a decision on the premium.

    An example of a Lease Extension matter before the tribunal for a Eel Pie Island premises is Ground Floor Flat 91 Bath Road in May 2009. in a case where the freeholder could not be traced, the Brentford County Court ordered that the Lease be surrendered in return for the grant of a new lease of the Premises at a premium determined by the Leasehold Valuation Tribunal. The tribunal concluded that the price payable by the Applicant for the new lease of the premises be £15,900 This case was in relation to 1 flat. The unexpired lease term was 60.45 years.