Leasehold Conveyancing in Hackney Marshes - Get a Quote from the leasehold experts approved by your lender

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Any conveyancing practice can theoretically handle your leasehold conveyancing in Hackney Marshes, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Questions and Answers: Hackney Marshes leasehold conveyancing

My fiance and I may need to rent out our Hackney Marshes basement flat for a while due to taking a sabbatical. We instructed a Hackney Marshes conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

Some leases for properties in Hackney Marshes do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold 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 permission.

Back In 2007, I bought a leasehold house in Hackney Marshes. Conveyancing and Aldermore mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1997. The conveyancing solicitor in Hackney Marshes who acted for me is not around.Any advice?

First make enquiries of HMLR to make sure that the individual purporting to own the freehold is indeed the new freeholder. You do not need to incur the fees of a Hackney Marshes conveyancing solicitor to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What are your top tips when it comes to choosing a Hackney Marshes conveyancing firm to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Hackney Marshes conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Hackney Marshes conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:

  • How familiar is the firm with lease extension legislation?
  • How many lease extensions has the firm completed in Hackney Marshes in the last year?

    • Can you provide any advice for leasehold conveyancing in Hackney Marshes from the point of view of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Hackney Marshes can be bypassed if you appoint lawyers the minute you market your property and ask them to collate the leasehold information needed by the buyers lawyers.
    • The majority landlords or managing agents in Hackney Marshes charge for supplying management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Hackney Marshes.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Hackney Marshes leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord approving such changes. If you dont have the paperwork to hand do not communicate with the landlord without contacting your lawyer in advance.
  • If you have the benefit of shareholding in the freehold, you should ensure that you have the original share document. Organising a replacement share certificate is often a time consuming process and delays many a Hackney Marshes conveyancing deal. If a new share is necessary, do contact the company officers or managing agents (if relevant) for this sooner rather than later.
  • You may think that you are aware of the number of years left on your lease but it would be advisable verify this by asking your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is under 75 years. In the circumstances it is important at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Completion in due on our sale of a £425000 garden flat in Hackney Marshes in seven days. The freeholder has quoted £396 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Hackney Marshes?

    Hackney Marshes conveyancing on leasehold maisonettes often necessitates the buyer’s solicitor submitting questions for the landlord to answer. Although the landlord is under no legal obligation to respond to these enquiries most will be content to assist. They are entitled charge a reasonable charge for responding to questions or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is over three hundred pounds, in some situations it is above £800. The administration charge invoiced by the landlord must be sent together with a summary of entitlements and obligations in respect of administration fees, without which the charge is technically not due. Reality however dictates that you have no choice but to pay whatever is requested of you should you wish to complete the sale of your home.

    I have tried to negotiate informally with with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal decide on such matters? Can you recommend a Hackney Marshes conveyancing firm to assist?

    in cases where there is a missing freeholder or where there is dispute about the premium for a lease extension, under the relevant statutes it is possible to make an application to the LVT to calculate the amount due.

    An example of a Freehold Enfranchisement case for a Hackney Marshes flat is 12 Nutfield Road in July 2014. the Tribunal judged that the price to be paid by the applicants for the freehold interest should be £19,572 This case was in relation to 2 flats. The the unexpired residue of the current lease was 72.02 years.