Fixed-fee leasehold conveyancing in Hampstead Garden Suburb:

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Recently asked questions relating to Hampstead Garden Suburb leasehold conveyancing

I want to rent out my leasehold apartment in Hampstead Garden Suburb. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Your lease dictates the relationship between the freeholder and you the leaseholder; in particular, it will indicate if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Hampstead Garden Suburb do not prevent strict prohibition on subletting – such a clause would adversely affect the market value the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

Looking forward to complete next month on a garden flat in Hampstead Garden Suburb. Conveyancing lawyers assured me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Hampstead Garden Suburb should include some of the following:

  • The total extent of the demise. This will be the flat itself but may include a roof space or cellar if applicable.
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Whether the lease restricts you from renting out the property, or having a home office for business
  • Changes to the flat (alterations and additions)
  • 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.
  • Responsibility for repairing the window frames
  • What options are open to you if a neighbour breach a clause of their lease? For details of the information to be included in your report on your leasehold property in Hampstead Garden Suburb please enquire of your lawyer in advance of your conveyancing in Hampstead Garden Suburb

    • I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable price which is making it all the more appealing. I have subsequently found out that the title is leasehold rather than freehold. I am assuming that there are issues purchasing a leasehold house in Hampstead Garden Suburb. Conveyancing solicitors have are soon to be appointed. Will they explain the issues?

    Most houses in Hampstead Garden Suburb are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are purchasing in Hampstead Garden Suburb so you should seriously consider shopping around for a Hampstead Garden Suburb conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’sconsent to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the property is part of an estate. Your solicitor should appraise you on the various issues.

    Last month I purchased a leasehold property in Hampstead Garden Suburb. Do I have any liability for service charges for periods before my ownership?

    In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    Can you provide any top tips for leasehold conveyancing in Hampstead Garden Suburb from the perspective of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Hampstead Garden Suburb can be avoided where you get in touch lawyers the minute your agents start advertising the property and ask them to put together the leasehold information which will be required by the purchasers’ solicitors.
    • If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Hampstead Garden Suburb state that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord acquiescing to such works. If you fail to have the paperwork to hand you should not contact the landlord without contacting your solicitor in advance.
  • Some Hampstead Garden Suburb leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a flat where a dispute is ongoing. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic as opposed to unresolved.
  • If you hold a share in a the freehold, you should make sure that you have the original share document. Arranging a re-issued share certificate is often a lengthy process and delays many a Hampstead Garden Suburb conveyancing transaction. Where a new share certificate is required, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible.

    • We have reached the end of our tether in negotiating a lease extension in Hampstead Garden Suburb. Can the Leasehold Valuation Tribunal adjudicate on premiums?

    You certainly can. We are happy to put you in touch with a Hampstead Garden Suburb conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a Hampstead Garden Suburb premises 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.