Fixed-fee leasehold conveyancing in Lee:

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Recently asked questions relating to Lee leasehold conveyancing

Due to complete next month on a studio apartment in Lee. Conveyancing lawyers inform 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 Lee should include some of the following:

  • The physical extent of the premises. This will be the flat itself but may incorporate a loft or cellar if applicable.
  • Are pets allowed in the flat?
  • Does the lease prevent you from letting out the property, or working from home
  • You must be told what constitutes a Nuisance in the lease
  • You should have a good understanding of the insurance provisions
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Lee please ask your solicitor in advance of your conveyancing in Lee

  • Back In 2006, I bought a leasehold flat in Lee. Conveyancing and Barclays mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Lee who acted for me is not around.What should I do?

    First make enquiries of HMLR to make sure that the individual claiming to own the freehold is indeed the new freeholder. It is not necessary to incur the fees of a Lee conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    I am attracted to a couple of flats in Lee which have in the region of forty five years unexpired on the lease term. Will this present a problem?

    There are plenty of short leases in Lee. The lease is a legal document that entitles you to use the premises for a prescribed time frame. As a lease gets shorter the saleability of the lease reduces and results in it becoming more costly to extend the lease. For this reason it is advisable to increase the term of the lease. More often than not it is difficult to sell a property with a short lease because mortgage companies may be unwilling to lend money on such properties. Lease extension can be a difficult process. We advise that you seek professional assistance from a conveyancer and surveyor with experience in this field

    All being well we will complete the sale of our £325000 maisonette in Lee on Friday in a week. The managing agents has quoted £300 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Lee?

    Lee conveyancing on leasehold flats typically involves administration charges levied by freeholders :

    • Completing pre-contract enquiries
    • Where consent is required before sale in Lee
    • Supplying insurance information
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Lee leasehold premises is £350. For Lee conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to provide the information.

    I am the proprietor of a ground flat in Lee. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the sum due for a lease extension?

    Absolutely. We can put you in touch with a Lee conveyancing firm who can help.

    An example of a Freehold Enfranchisement matter before the tribunal for a Lee flat is 18 Handen Road in April 2013. On 26 October 2012 District Judge Zimmels sitting at the Lambeth County Court made a Vesting Order that the Applicants be granted the right to acquire the freehold upon such terms and at such price determined by the LVT. The Tribunal arrived a figure of £39,535 as a valuation for the enfranchisement. This case was in relation to 3 flats. The the unexpired residue of the current lease was 69.05 years.

    What makes a Lee lease problematic?

    There is nothing unique about leasehold conveyancing in Lee. Most leases is drafted differently and legal mistakes in the legal wording can result in certain sections are wrong. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain elements of the property
    • 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 may have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Coventry Building Society, and Barclays Direct all have express requirements 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, forcing the buyer to withdraw.