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Recently asked questions relating to Lampton leasehold conveyancing

I am intending to sublet my leasehold apartment in Lampton. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Even though your previous Lampton conveyancing solicitor is no longer available you can review your lease to check if you are permitted to let out the premises. The rule is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you need to obtain consent from your landlord or some other party before subletting. This means you not allowed to sublet without first obtaining consent. The consent is not allowed to be unreasonably turned down. If your lease prohibits you from subletting the property you should ask your landlord for their consent.

I am hoping to sign contracts shortly on a ground floor flat in Lampton. Conveyancing lawyers assured me that they are sending me a report next week. What should I be looking out for?

Your report on title for your leasehold conveyancing in Lampton should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • You should have a good understanding of the insurance provisions
  • 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.
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • Responsibility for repairing the window frames For a comprehensive list of information to be included in your report on your leasehold property in Lampton please enquire of your lawyer in advance of your conveyancing in Lampton

    • Estate agents have just been given the go-ahead to market my 2 bed flat in Lampton.Conveyancing has not commenced but I have just received a quarterly maintenance charge demand – what should I do?

    The sensible thing to do is discharge 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 managing agents 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. Having a clear account will assist your cause and will leave you no worse off financially.

    I've recently bought a leasehold house in Lampton. 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 lessee 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).

    Can you provide any advice for leasehold conveyancing in Lampton from the perspective of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Lampton can be bypassed if you get in touch lawyers as soon as you market your property and ask them to put together the leasehold information needed by the purchasers’ representatives.
    • In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Lampton leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence from the Landlord acquiescing to such works. Should you dont have the consents in place do not communicate with the landlord without contacting your lawyer before hand.
  • A minority of Lampton leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the yearly 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 purchasers or their lawyers.
  • If there is a history of conflict with your landlord or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. 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 buyers, but it is better to reveal the dispute as over as opposed to ongoing.
  • If you are supposed to have a share in the Management Company, you should ensure that you hold the original share certificate. Obtaining a re-issued share certificate is often a time consuming formality and slows down many a Lampton conveyancing deal. Where a reissued share is required, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.

    • My wife and I have hit a brick wall in trying to purchase the freehold in Lampton. Can the Leasehold Valuation Tribunal adjudicate on premiums?

    if there is a absentee landlord or where there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to decide the sum to be paid.

    An example of a Lease Extension matter before the tribunal for a Lampton flat is Ground Floor Flat 91 Bath Road in May 2009. in a case where the freeholder could not be traced, the Brentford County Court ordered that the Lease be surrendered in return for the grant of a new lease of the Premises at a premium determined by the Leasehold Valuation Tribunal. The tribunal concluded that the price payable by the Applicant for the new lease of the premises be £15,900 This case related to 1 flat. The remaining number of years on the lease was 60.45 years.