Kilburn leasehold conveyancing Example Support Desk Enquiries
My partner and I may need to rent out our Kilburn ground floor flat for a while due to taking a sabbatical. We instructed a Kilburn conveyancing firm in 2003 but they have since shut and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
Even though your previous Kilburn conveyancing lawyer is no longer available you can check your lease to check if you are permitted to let out the premises. The accepted inference is that if the deeds are silent, subletting is permitted. There may be a precondition that you are obliged to seek consent from your landlord or other appropriate person prior to subletting. This means that you cannot sublet without first obtaining consent. Such consent is not allowed to be unreasonably turned down. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.
Back In 2001, I bought a leasehold house in Kilburn. Conveyancing and Nationwide Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1997. The conveyancing solicitor in Kilburn who acted for me is not around.What should I do?
The first thing you should do is contact HMLR to be sure that this person is in fact the new freeholder. You do not need to incur the fees of a Kilburn conveyancing solicitor to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am looking at a couple of flats in Kilburn both have approximately 50 years remaining on the lease term. Should I regard a short lease as a deal breaker?
There are plenty of short leases in Kilburn. The lease is a right to use the premises for a prescribed time frame. As a lease shortens the saleability of the lease decreases and it becomes more costly to extend the lease. This is why it is advisable to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease because mortgage companies may be reluctant to lend money on such properties. Lease enfranchisement can be a difficult process. We advise that you seek professional assistance from a solicitor and surveyor with experience in this arena
Can you provide any advice for leasehold conveyancing in Kilburn from the point of view of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Kilburn can be bypassed if you get in touch lawyers the minute your agents start advertising the property and ask them to put together the leasehold information needed by the buyers representatives.
- In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Kilburn state that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord consenting to such works. Where you dont have the consents to hand you should not contact the landlord without contacting your lawyer in advance.
We expect to complete the sale of our £275000 flat in Kilburn in just under a week. The managing agents has quoted £372 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Kilburn?
Kilburn conveyancing on leasehold apartments normally requires the purchaser’s conveyancer submitting enquiries for the landlord to answer. Although the landlord is not legally bound to respond to such questions the majority will be willing to do so. They may charge a reasonable administration fee for answering questions 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 situations it exceeds £800. The management information fee required by the landlord must be sent together with a synopsis of rights and obligations in relation to administration charges, without which the invoice is not strictly payable. Reality however dictates that you have no choice but to pay whatever is requested of you if you want to exchange contracts with the buyer.
I have given up trying to purchase the freehold in Kilburn. Can this matter be resolved via the Leasehold Valuation Tribunal?
You certainly can. We can put you in touch with a Kilburn conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Kilburn residence is 4 & 4A Charteris Road in June 2009. the Tribunal held that the price to be paid for the enfranchisement of 4/4a Charteris Road to be £15,510 for at 4and £15,694 for at 4a This case affected 2 flats. The unexpired lease term was 70.02 years.