Experts for Leasehold Conveyancing in Havering-atte-Bower

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Any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Havering-atte-Bower, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Recently asked questions relating to Havering-atte-Bower leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Havering-atte-Bower. Before I get started I require certainty as to the unexpired term of the lease.

If the lease is registered - and 99.9% are in Havering-atte-Bower - 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.

Frank (my husband) and I may need to rent out our Havering-atte-Bower basement flat for a while due to taking a sabbatical. We instructed a Havering-atte-Bower conveyancing firm in 2003 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?

Even though your last Havering-atte-Bower conveyancing lawyer is not available you can check your lease to see if you are permitted to let out the property. The accepted inference is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you need to obtain permission via your landlord or some other party prior to subletting. This means that you cannot sublet without prior consent. Such consent must not not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

I am hoping to sign contracts shortly on a studio apartment in Havering-atte-Bower. Conveyancing solicitors assured me that they will have a report out to me next week. What should I be looking out for?

Your report on title for your leasehold conveyancing in Havering-atte-Bower should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • The total extent of the premises. This will be the flat itself but might incorporate a roof space or basement if appropriate.
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • 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.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • Responsibility for repairing the window frames
  • What you can do if a neighbour breach a clause of their lease? For a comprehensive list of information to be contained in your report on your leasehold property in Havering-atte-Bower please ask your conveyancer in ahead of your conveyancing in Havering-atte-Bower

    • I have just started marketing my ground floor apartment in Havering-atte-Bower.Conveyancing has not commenced but I have just received a quarterly maintenance charge demand – Do I pay up?

    The sensible thing to do is pay the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

    I have given up trying to reach an agreement for a lease extension in Havering-atte-Bower. Can this matter be resolved via the Leasehold Valuation Tribunal?

    in cases where there is a absentee landlord or if there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to judgment on the amount due.

    An example of a Lease Extension decision for a Havering-atte-Bower premises is 37 Lodge Court High Street in November 2013. the decision of the LVT was that the premium to be paid for the new lease was £25,559 This case affected 1 flat. The the number of years remaining on the existing lease(s) was 57.5 years.

    What makes a Havering-atte-Bower lease defective?

    Leasehold conveyancing in Havering-atte-Bower is not unique. All leases are unique and drafting errors can sometimes mean that certain clauses are missing. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain elements of the premises
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You will have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, Chelsea Building Society, and Britannia 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 problematic they may refuse to grant the mortgage, obliging the purchaser to pull out.