Experts for Leasehold Conveyancing in Harmondsworth

When it comes to leasehold conveyancing in Harmondsworth, you will need to chose a conveyancing practitioner with leasehold experience. Whether your mortgage company is to be Halifax, Birmingham Midshires or Bradford & Bingley make sure you find a lawyer on their panel. Feel free to use our search tool

Harmondsworth leasehold conveyancing: Q and A’s

I am in need of some leasehold conveyancing in Harmondsworth. Before diving in I would like to find out the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and 99.9% are in Harmondsworth - 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.

My wife and I may need to let out our Harmondsworth basement flat temporarily due to a new job. We instructed a Harmondsworth conveyancing firm in 2001 but they have since shut and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

A small minority of properties in Harmondsworth do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see 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 consent.

I am looking at a two apartments in Harmondsworth both have about fifty years unexpired on the lease term. Will this present a problem?

There is no doubt about it. A leasehold flat in Harmondsworth is a deteriorating asset as a result of the reducing lease term. The nearer the lease gets to zero years unexpired, the more it reduces the salability of the premises. The majority of purchasers and banks, leases with less than eighty years become less and less marketable. 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 a residence 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 Harmondsworth 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 any new 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.

Last month I purchased a leasehold property in Harmondsworth. Am I liable to pay service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure 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).

Do you have any advice for leasehold conveyancing in Harmondsworth from the perspective of saving time on the sale process?

  • Much of the frustration in leasehold conveyancing in Harmondsworth can be avoided where you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation needed by the buyers solicitors.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Harmondsworth leases often stipulate that internal structural alterations or addition of wooden flooring require a licence from the Landlord approving such works. Where you dont have the consents to hand you should not communicate with the landlord without contacting your conveyancer in advance.
  • A minority of Harmondsworth leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If you have the benefit of shareholding in the freehold, you should make sure that you have the original share certificate. Arranging a new share certificate can be a time consuming formality and delays many a Harmondsworth home move. If a new share certificate is required, you should approach the company director and secretary or managing agents (where applicable) for this sooner rather than later.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check via your lawyers. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is less than 80 years. It is therefore important at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

I have attempted and failed to negotiate with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal decide on such matters? Can you recommend a Harmondsworth conveyancing firm to represent me?

in cases where there is a missing freeholder or if there is dispute about what the lease extension should cost, under the relevant legislation you can apply to the Leasehold Valuation Tribunal to calculate the sum to be paid.

An example of a Freehold Enfranchisement case for a Harmondsworth flat is 164 Nestles Avenue in October 2013. The tribunal agreed with the proposed price of £20,158 for the freehold and determined that that sum is the amount to be paid into court This case related to 2 flats. The the number of years remaining on the existing lease(s) was 69 years.

Leasehold Conveyancing in Harmondsworth - A selection of Queries Prior to buying

    Make sure you enquire if there is anything that is prohibited in the lease. By way of example it is reasonably common in Harmondsworth leases that pets are not allowed in certain buildings in Harmondsworth. If you love the apartmentin Harmondsworth yet your dog can’t move with you then you will be presented with a difficult choice. The answer will be helpful as a) areas can result in problems for the block as the common areas may begin to deteriorate if services remain unpaid b) if the leaseholders have an issue with the running of the building you will want to have all the details It is important to be aware whether redecorating or some other major work is anticipated that will be shared by the tenants and could well dramatically impact the level of the service fees or require a specific invoice.