Leasehold Conveyancing in Lisson Grove - Get a Quote from the leasehold experts approved by your lender

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Any conveyancing practice can theoretically handle your leasehold conveyancing in Lisson Grove, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Lisson Grove leasehold conveyancing: Q and A’s

Jane (my partner) and I may need to let out our Lisson Grove 1st floor flat temporarily due to a new job. We instructed a Lisson Grove conveyancing practice in 2001 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Lisson Grove conveyancing lawyer is not around you can review your lease to see if you are permitted to let out the apartment. The rule is that if the lease is silent, subletting is permitted. There may be a precondition that you need to seek permission via your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet in the absence of prior permission. The consent must not not be unreasonably turned down. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

I own a leasehold flat in Lisson Grove. Conveyancing and Platform Home Loans Ltd mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Lisson Grove who previously acted has long since retired.What should I do?

The first thing you should do is contact HMLR to be sure that the individual claiming to own the freehold is indeed the new freeholder. You do not need to instruct a Lisson Grove conveyancing solicitor to do this as it can be done on-line for £3. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What advice can you give us when it comes to appointing a Lisson Grove conveyancing practice to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Lisson Grove conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Lisson Grove conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

  • If the firm is not ALEP accredited then what is the reason?
  • Can they put you in touch with client in Lisson Grove who can give a testimonial?

    • Do you have any top tips for leasehold conveyancing in Lisson Grove from the perspective of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Lisson Grove can be bypassed where you instruct lawyers as soon as you market your property and ask them to put together the leasehold information which will be required by the purchasers’ conveyancers.
    • In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Lisson Grove leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence from the Landlord approving such alterations. Should you dont have the consents to hand you should not communicate with the landlord without contacting your lawyer before hand.
  • Some Lisson Grove leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If you have the benefit of shareholding in the freehold, you should ensure that you have the original share document. Organising a new share certificate is often a time consuming process and frustrates many a Lisson Grove conveyancing deal. If a reissued share is necessary, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this via your lawyers. A purchaser's lawyer will not be happy to advise their client to where the remaining number of years is under 80 years. It is therefore important at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • I inherited a a ground floor purpose built flat in Lisson Grove. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the sum due for a lease extension?

    You certainly can. We are happy to put you in touch with a Lisson Grove conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a Lisson Grove flat is Flats 37 & 39 88/90 Portland Place in December 2010. The Tribunal determined that the premium payable for the lease extensions in respect of these two flats is as follows:- For Flat 37, the sum of £385,230.00 For Flat 39, the sum of £436,780.00 This case affected 2 flats. The the unexpired residue of the current lease was 24.02 years.

    What are the frequently found deficiencies that you come across in leases for Lisson Grove properties?

    There is nothing unique about leasehold conveyancing in Lisson Grove. Most leases are individual and legal mistakes in the legal wording can result in certain clauses are erroneous. The following missing provisions could result in a defective lease:

    • A provision to repair 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

    A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Bank of Scotland, 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 defective they may refuse to grant the mortgage, obliging the buyer to pull out.

    Other Topics

    Lease Extensions in Lisson Grove