Top Five Questions relating to Hammersmith leasehold conveyancing
I am on look out for some leasehold conveyancing in Hammersmith. Before I get started I want to be sure as to the unexpired term of the lease.
If the lease is recorded at the land registry - and 99.9% are in Hammersmith - then the leasehold title will always include the short particulars 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.
Frank (my husband) and I may need to let out our Hammersmith garden flat temporarily due to taking a sabbatical. We used a Hammersmith conveyancing practice in 2001 but they have since shut and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?
Even though your last Hammersmith conveyancing solicitor is no longer available you can check your lease to check if you are permitted to let out the premises. The rule is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you need to obtain consent via your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet without prior permission. Such consent must not not be unreasonably turned down. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.
Planning to complete next month on a garden flat in Hammersmith. Conveyancing solicitors have said that they will have a report out to me on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in Hammersmith should include some of the following:
- Do you need to have carpet in the flat or are you allowed wood flooring?
- An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
- 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.
- What the implications are if you breach a clause of your lease?
Back In 2000, I bought a leasehold house in Hammersmith. Conveyancing and Lloyds TSB Bank mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Hammersmith who previously acted has now retired.What should I do?
First contact HMLR to make sure that this person is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Hammersmith conveyancing solicitor to do this as you can do this on the Land Registry website 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.
We expect to complete our sale of a £ 475000 garden flat in Hammersmith next week. The management company has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Hammersmith?
Hammersmith conveyancing on leasehold apartments ordinarily necessitates fees being levied by freeholders :
- Completing pre-contract enquiries
- Where consent is required before sale in Hammersmith
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
After years of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Hammersmith. Can we issue an application to the Residential Property Tribunal Service?
Most certainly. We can put you in touch with a Hammersmith conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a Hammersmith flat is 19 Crisp Road in June 2009. Following a vesting order (Under section 26 of the Leasehold Reform,Housing and Urban Development Act 1993) The tribunal determined that the premium payable for the acquisition of the freehold was £33,756,apportioned as to£12,285 for the lower at and £21,471for the upper fat. This case was in relation to 2 flats. The unexpired lease term was 68.32 years.
I own a ground floor flat in Hammersmith, conveyancing was carried out in 2007. Can you let me have an estimated range of the fair premium for a lease extension? Corresponding properties in Hammersmith with over 90 years remaining are worth £189,000. The average or mid-range amount of ground rent is £60 per annum. The lease ends on 21st October 2092
With just 66 years left to run the likely cost is going to be between £13,300 and £15,400 as well as costs.
The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of detailed due diligence. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information before seeking the advice of a professional.