Fixed-fee leasehold conveyancing in Grove Park:

Leasehold conveyancing in Grove Park is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Grove Park and next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Grove Park leasehold conveyancing: Q and A’s

Jane (my partner) and I may need to sub-let our Grove Park garden flat temporarily due to a new job. We instructed a Grove Park conveyancing practice in 2003 but they have closed and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?

Even though your last Grove Park conveyancing lawyer is no longer around you can check your lease to see if it allows you to sublet the property. The accepted inference is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you must seek permission from your landlord or other appropriate person before subletting. This means that you cannot sublet without prior permission. The consent should not be unreasonably turned down. If the lease prohibits you from letting out the property you will need to ask your landlord for their consent.

I own a leasehold house in Grove Park. Conveyancing and Clydesdale mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Grove Park who acted for me is not around.What should I do?

First make enquiries of the Land Registry to be sure that this person is in fact the new freeholder. You do not need to instruct a Grove Park conveyancing solicitor to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am looking at a couple of maisonettes in Grove Park both have approximately fifty years unexpired on the leases. Do I need to be concerned?

There are no two ways about it. A leasehold apartment in Grove Park is a wasting asset as a result of the reducing lease term. The closer the lease gets to zero years unexpired, the more it adversely affects the salability of the property. For most purchasers and mortgage companies, leases with under eighty years become less and less attractive. 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 property 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 Grove Park conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend 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 the agreed 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.

What advice can you give us when it comes to appointing a Grove Park conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a property lawyer for your lease extension (regardless if they are a Grove Park conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Grove Park conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

  • How familiar is the firm with lease extension legislation?
  • If they are not ALEP accredited then what is the reason?

My wife and I have hit a brick wall in trying to reach an agreement for a lease extension in Grove Park. Can this matter be resolved via the Leasehold Valuation Tribunal?

Most definitely. We can put you in touch with a Grove Park conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Grove Park premises is 49 Woodstock Court Burnt Ash Hill in May 2012. the payment of £64,116 by the leaseholder was the premium which the Tribunal found due for the lease extension in this case. This case related to 1 flat. The unexpired lease term was 23.26 years.

When it comes to leasehold conveyancing in Grove Park what are the most frequent lease defects?

There is nothing unique about leasehold conveyancing in Grove Park. Most leases are individual and legal mistakes in the legal wording can result in certain sections are erroneous. The following missing provisions could result in a defective lease:

  • A provision to repair to or maintain parts of the property
  • A duty to insure the building
  • Clauses dealing with recovering service charges for expenditure on the building or common parts.
  • Maintenance charge proportions which don’t add up to the correct percentage

A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Chelsea Building Society, and Clydesdale all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to withdraw.

I invested in buying a studio flat in Grove Park, conveyancing was carried out 1995. How much will my lease extension cost? Equivalent flats in Grove Park with an extended lease are worth £260,000. The ground rent is £60 levied per year. The lease runs out on 21st October 2106

You have 80 years left to run we estimate the premium for your lease extension to range between £8,600 and £9,800 as well as plus your own and the landlord's "reasonable" professional fees.

The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of detailed investigations. Do not use the figures in tribunal or court proceedings. There are no doubt additional issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information without first seeking the advice of a professional.