Experts for Leasehold Conveyancing in Feltham

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When it comes to leasehold conveyancing in Feltham, you will need to instruct a conveyancing practitioner with leasehold experience. Whether your mortgage company is to be Halifax, RBS or NatWest be sure to choose a lawyer on their approved list. Find a Feltham conveyancing lawyer with our search tool

Top Five Questions relating to Feltham leasehold conveyancing

I only have 72 years remaining on my lease in Feltham. I need to extend my lease but my freeholder is absent. What should I do?

If you meet the appropriate requirements, 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 granted an extra 90 years by the magistrate. However, you will be required to prove that you or your lawyers have made all reasonable attempts to locate the landlord. For most situations an enquiry agent should be helpful to conduct investigations and prepare a report which can be used as proof that the landlord can not be located. It is advisable to get professional help from a solicitor both on devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Feltham.

Due to exchange soon on a leasehold property in Feltham. Conveyancing lawyers inform me that they will have a report out to me on Monday. What should I be looking out for?

The report on title for your leasehold conveyancing in Feltham should include some of the following:

  • You should be sent a copy of the lease
  • The unexpired lease term You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark
  • The total extent of the premises. This will be the apartment itself but may include a roof space or cellar if appropriate.
  • Defining your legal entitlements in relation to the communal areas in the block.For example, does the lease include a right of way over an accessway or hallways?
  • You should have a good understanding of the insurance provisions
  • 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
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Feltham please ask your solicitor in advance of your conveyancing in Feltham

    • My wife and I purchased a leasehold flat in Feltham. Conveyancing and Aldermore mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1992. The conveyancing solicitor in Feltham who previously acted has long since retired.Do I pay?

    First make enquiries of HMLR to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Feltham conveyancing practitioner to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    I am looking at a two maisonettes in Feltham which have in the region of 50 years unexpired on the leases. Will this present a problem?

    There is no doubt about it. A leasehold apartment in Feltham is a wasting asset as a result of the shortening lease. The closer the lease gets to zero years unexpired, the more it reduces the salability of the premises. The majority of purchasers and mortgage companies, leases with less than 75 years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Feltham conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

    Do you have any top tips for leasehold conveyancing in Feltham from the point of view of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Feltham can be avoided if you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the buyers solicitors.
    • In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Feltham state that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord approving such works. Where you dont have the approvals to hand do not contact the landlord without checking with your lawyer first.
  • Some Feltham leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual 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 solicitors.
  • If you are supposed to have a share in the Management Company, you should ensure that you have the original share document. Arranging a new share certificate can be a time consuming formality and slows down many a Feltham home move. If a new share certificate is needed, you should approach the company officers or managing agents (where applicable) for this as soon as possible.
  • You may think that you are aware of the number of years left on your lease but it would be advisable verify this via your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is less than 75 years. It is therefore important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Following months of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in Feltham. Can we issue an application to the Residential Property Tribunal Service?

    Absolutely. We are happy to put you in touch with a Feltham conveyancing firm who can help.

    An example of a Lease Extension decision for a Feltham premises is 147 Redford Close in June 2012. The Tribunal determined the lease extension premium to be at £4,200 This case related to 1 flat. The the unexpired residue of the current lease was 82.93 years.

    Other Topics

    Lease Extensions in Feltham