Top Five Questions relating to Feltham leasehold conveyancing
I am in need of some leasehold conveyancing in Feltham. Before I get started I require certainty as to the number of years remaining on the lease.
If the lease is recorded at the land registry - and almost all are in Feltham - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Harry (my fiance) and I may need to rent out our Feltham ground floor flat for a while due to a new job. We used a Feltham conveyancing firm in 2003 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?
Even though your last Feltham conveyancing solicitor is not available you can check your lease to check if it allows you to sublet the apartment. The accepted inference is that if the deeds are silent, subletting is permitted. There may be a precondition that you must obtain consent via your landlord or other appropriate person before subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. The consent should not be unreasonably turned down. If the lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.
There are only 68 years left on my flat in Feltham. I now wish to get lease extension but my freeholder is absent. What are my options?
If you meet the appropriate requirements, 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 enable the lease to be extended 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 a specialist should be useful to conduct investigations and prepare an expert document which can be used as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer both on proving the landlord’s absence and the vesting order request to the County Court overseeing Feltham.
Looking forward to complete next month on a leasehold property in Feltham. Conveyancing solicitors have said that they report fully 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 Feltham should include some of the following:
- Setting out your legal entitlements in relation to the communal areas in the block.For instance, does the lease grant a right of way over a path or hallways?
- Whether your lease has a provision for a sinking fund?
- Repair and maintenance of the flat
- Changes to the flat (alterations and additions)
- I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
- The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
- Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
Do you have any top tips for leasehold conveyancing in Feltham from the perspective of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Feltham can be bypassed where you appoint lawyers as soon as you market your property and ask them to put together the leasehold information which will be required by the buyers lawyers.
- The majority freeholders or Management Companies in Feltham charge for providing management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management pack 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 common reason for delay in leasehold conveyancing in Feltham.
- If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Feltham leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence from the Landlord approving such changes. If you dont have the paperwork to hand do not contact the landlord without contacting your lawyer before hand.
- If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share certificate. Obtaining a new share certificate can be a time consuming formality and frustrates many a Feltham conveyancing transaction. Where a duplicate share certificate is required, do contact the company director and secretary or managing agents (where applicable) for this sooner rather than later.
- You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this by asking your lawyers. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is under 80 years. It is therefore essential at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.
I have attempted and failed to negotiate with my landlord to extend my lease without any joy. Can the Leasehold Valuation Tribunal decide on such matters? Can you recommend a Feltham conveyancing firm to help?
You certainly can. 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 affected 1 flat. The the unexpired residue of the current lease was 82.93 years.
Leasehold Conveyancing in Feltham - Sample of Queries before Purchasing
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How much is the ground rent and service charge?
If a Feltham lease has fewer than 80 years it will affect the value of the property. It is worth checking with your bank that they are willing to to proceed given the lease term. A short lease means that you will almost definitely require a lease extension sooner rather than later and you need to have some idea of how much this will be. For most Felthamlease extensions you will need to own the premises for 24 months before you are legally able to extend the lease.