Examples of recent questions relating to leasehold conveyancing in Harrow on the Hill
I wish to let out my leasehold apartment in Harrow on the Hill. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
Even though your last Harrow on the Hill conveyancing lawyer is no longer available you can review your lease to see if you are permitted to let out the property. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you need to obtain consent via your landlord or some other party before subletting. The net result is you not allowed to sublet without prior permission. The consent should not be unreasonably withheld. If the lease does not allow you to sublet you should ask your landlord for their consent.
I am tempted by the attractive purchase price for a couple of flats in Harrow on the Hill both have in the region of 50 years left on the leases. Do I need to be concerned?
There are plenty of short leases in Harrow on the Hill. The lease is a right to use the premises for a prescribed time frame. As a lease gets shorter the saleability of the lease decreases and results in it becoming more costly to acquire a lease extension. For this reason it is often a good idea to extend the lease term. Sometimes it is difficult to sell a property with a short lease because mortgage companies may be reluctant to lend money on such properties. Lease enfranchisement can be a difficult process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this area
What advice can you give us when it comes to appointing a Harrow on the Hill conveyancing firm to carry out our lease extension conveyancing?
When appointing a conveyancer for lease extension works (regardless if they are a Harrow on the Hill conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Harrow on the Hill conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:
- If the firm is not ALEP accredited then what is the reason?
If all goes to plan we aim to complete the sale of our £325000 apartment in Harrow on the Hill in just under a week. The landlords agents has quoted £420 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Harrow on the Hill?
Harrow on the Hill conveyancing on leasehold maisonettes usually requires the purchaser’s solicitor submitting enquiries for the landlord to answer. Although the landlord is under no legal obligation to respond to such questions most will be content to assist. They are entitled charge a reasonable charge for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some transactions it is in excess of £800. The administration charge invoiced by the landlord must be sent together with a summary of entitlements and obligations in relation to administration charges, without which the charge is not strictly payable. Reality however dictates that one has little choice but to pay whatever is requested of you if you want to exchange contracts with the buyer.
Following months of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in Harrow on the Hill. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
if there is a missing landlord or where there is dispute about what the lease extension should cost, under the relevant legislation it is possible to make an application to the LVT to determine the amount due.
An example of a Lease Extension decision for a Harrow on the Hill residence is flat 93b Welldon Crescent in May 2009. The Tribunals valuation for a 90-year lease extension of this fat was £13,171 This case was in relation to 1 flat. The the number of years remaining on the existing lease(s) was 75.25 years.
Are there frequently found problems that you encounter in leases for Harrow on the Hill properties?
There is nothing unique about leasehold conveyancing in Harrow on the Hill. Most leases is drafted differently and drafting errors can result in certain clauses are erroneous. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain elements of the building
- Insurance obligations
- A provision for the recovery of money spent for the benefit of another party.
- Service charge per centages that don't add up correctly leaving a shortfall
You could encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Accord Mortgages Ltd, Coventry Building Society, and Bank of Ireland all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the buyer to withdraw.