Quality lawyers for Leasehold Conveyancing in Leyton

While any conveyancing solicitor can theoretically handle your leasehold conveyancing in Leyton, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Leyton leasehold conveyancing: Q and A’s

Having had my offer accepted I require leasehold conveyancing in Leyton. Before I get started I require certainty as to the number of years remaining on the lease.

If the lease is registered - and most are in Leyton - 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.

Jane (my partner) and I may need to let out our Leyton ground floor flat for a while due to a career opportunity. We instructed a Leyton conveyancing practice in 2001 but they have since shut and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?

Even though your previous Leyton conveyancing solicitor is not around you can check your lease to check if you are permitted to let out the apartment. The rule is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you need to seek permission via your landlord or some other party prior to subletting. The net result is you not allowed to sublet without first obtaining permission. The consent is not allowed to be unreasonably turned down. If your lease does not allow you to sublet you should ask your landlord for their consent.

I've found a house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have since found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Leyton. Conveyancing lawyers have are about to be instructed. Will they explain the issues?

Most houses in Leyton are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Leyton in which case you should be shopping around for a Leyton conveyancing practitioner and check that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’sconsent to carry out alterations. You may also be required to pay a service charge towards the upkeep of the communal areas where the property is part of an estate. Your conveyancer should appraise you on the various issues.

What advice can you give us when it comes to choosing a Leyton conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for your lease extension (regardless if they are a Leyton conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Leyton conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

  • How experienced is the practice with lease extension legislation?
  • What are the charges for lease extension conveyancing?

Can you provide any advice for leasehold conveyancing in Leyton with the purpose of speeding up the sale process?

  • Much of the frustration in leasehold conveyancing in Leyton can be reduced where you appoint lawyers as soon as you market your property and request that they start to collate the leasehold information which will be required by the buyers lawyers.
  • In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Leyton state that internal structural alterations or laying down wooden flooring necessitate a licence issued by the Landlord approving such alterations. Where you fail to have the paperwork to hand do not contact the landlord without checking with your solicitor first.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be warry about purchasing a flat where a dispute is ongoing. You may have to bite the bullet and pay any arrears of service charge or resolve 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 clearly preferable to present the dispute as over as opposed to unsettled.
  • If you are supposed to have a share in the freehold, you should make sure that you are holding the original share document. Arranging a duplicate share certificate can be a lengthy process and slows down many a Leyton home move. Where a new share is needed, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.
  • You believe that you know the number of years left on your lease but it would be wise to verify this by asking your solicitors. A buyer’s lawyer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is under 80 years. It is therefore important at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

After years of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in Leyton. Can we issue an application to the Residential Property Tribunal Service?

Most certainly. We are happy to put you in touch with a Leyton conveyancing firm who can help.

An example of a Freehold Enfranchisement case for a Leyton residence is 12 Nutfield Road in July 2014. the Tribunal judged that the price to be paid by the applicants for the freehold interest should be £19,572 This case was in relation to 2 flats. The remaining number of years on the lease was 72.02 years.

Leasehold Conveyancing in Leyton - Sample of Queries Prior to buying

    Are any of leasehold owners in arrears of their service charge liability? How many years are left on the lease? How is the lease structured?