Top Five Questions relating to Hampstead Garden Suburb leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Hampstead Garden Suburb. Before diving in I require certainty as to the unexpired term of the lease.
Assuming the lease is recorded at the land registry - and 99.9% are in Hampstead Garden Suburb - 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.
I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable figure which is making it all the more appealing. I have subsequently been informed that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in Hampstead Garden Suburb. Conveyancing lawyers have not yet been instructed. Will they explain the issues?
Most houses in Hampstead Garden Suburb are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are buying in Hampstead Garden Suburb so you should seriously consider looking for a Hampstead Garden Suburb conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the property is part of an estate. Your conveyancer will advise you fully on all the issues.
I am tempted by the attractive purchase price for a couple of maisonettes in Hampstead Garden Suburb which have approximately 50 years unexpired on the lease term. Should I regard a short lease as a deal breaker?
There are plenty of short leases in Hampstead Garden Suburb. The lease is a right to use the premises for a period of time. As a lease shortens the value of the lease deteriorate and results in it becoming more costly to extend the lease. This is why it is advisable to increase the term of the lease. It is often difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We advise that you seek professional assistance from a conveyancer and surveyor with experience in this arena
Can you provide any advice for leasehold conveyancing in Hampstead Garden Suburb from the perspective of expediting the sale process?
- A significant proportion of the delay in leasehold conveyancing in Hampstead Garden Suburb can be bypassed if you instruct lawyers the minute your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the buyers conveyancers.
- The majority landlords or Management Companies in Hampstead Garden Suburb charge for providing management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Hampstead Garden Suburb.
Having spent months of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in Hampstead Garden Suburb. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
You certainly can. We can put you in touch with a Hampstead Garden Suburb conveyancing firm who can help.
An example of a Lease Extension decision for a Hampstead Garden Suburb property is FFF, 37 and Garage 1, Queensborough Court North Circular Road in September 2012. The Tribunal determined that the premium for the lease extension should be £67,037 This case was in relation to 1 flat. The the number of years remaining on the existing lease(s) was 23.66 years.
In relation to leasehold conveyancing in Hampstead Garden Suburb what are the most frequent lease defects?
There is nothing unique about leasehold conveyancing in Hampstead Garden Suburb. All leases are unique and drafting errors can sometimes mean that certain sections are erroneous. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain parts of the building
- A duty to insure the building
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Service charge per centages that don't add up correctly leaving a shortfall
A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Halifax, Coventry Building Society, and Britannia all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the purchaser to pull out.