I am on look out for some leasehold conveyancing in Lower Clapton. Before I get started I would like to find out the remaining lease term.

If the lease is registered - and most are in Lower Clapton - 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.

Helen (my wife) and I may need to sub-let our Lower Clapton basement flat for a while due to a career opportunity. We used a Lower Clapton conveyancing practice in 2004 but they have since shut and we did not have the foresight to get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A lease dictates the relationship between the landlord and you the leaseholder; specifically, it will indicate if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Lower Clapton do not prevent strict prohibition on subletting – such a clause would adversely affect the market value the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.

I have recently realised that I have 72 years remaining on my lease in Lower Clapton. I need to extend my lease but my landlord is absent. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. However, you will be required to prove that you have used your best endeavours to find the freeholder. For most situations an enquiry agent would be helpful to try and locate and to produce a report to be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s disappearance and the application to the County Court overseeing Lower Clapton.

I've found a house that seems to be perfect, at a reasonable price which is making it more attractive. I have subsequently found out that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Lower Clapton. Conveyancing solicitors have not yet been instructed. Will they explain the issues?

Most houses in Lower Clapton are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are buying in Lower Clapton so you should seriously consider shopping around for a Lower Clapton conveyancing practitioner and check that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’spermission to carry out changes to the property. It may be necessary to pay a service charge towards the upkeep of the estate where the house is part of an estate. Your conveyancer should advise you fully on all the issues.

Can you provide any top tips for leasehold conveyancing in Lower Clapton with the intention of saving time on the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Lower Clapton can be bypassed where you instruct lawyers the minute your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the purchasers’ conveyancers.
• Many landlords or managing agents in Lower Clapton levy fees for supplying management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Lower Clapton.
• In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Lower Clapton leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord acquiescing to such changes. Should you dont have the paperwork in place do not communicate with the landlord without checking with your conveyancer in advance.
• If you hold a share in a the Management Company, you should make sure that you have the original share certificate. Obtaining a duplicate share certificate is often a time consuming formality and delays many a Lower Clapton conveyancing transaction. If a duplicate share certificate is needed, do contact the company director and secretary or managing agents (if applicable) for this as soon as possible.
• You believe that you know the number of years left on your lease but you should verify this by asking your lawyers. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is under 75 years. It is therefore essential at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

Following months of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in Lower Clapton. Can we issue an application to the Residential Property Tribunal Service?

Most certainly. We can put you in touch with a Lower Clapton conveyancing firm who can help.

An example of a Freehold Enfranchisement decision for a Lower Clapton premises is 104 Nightingale Road in May 2009. The Tribunal's Decision is that the premium torbe paid for the enfranchisement in this case is £112,174 This case related to 10 flats. The the unexpired residue of the current lease was 71.25 years.

Leasehold Conveyancing in Lower Clapton - Examples of Questions you should consider Prior to Purchasing

The answer will be important as a) areas can result in problems in the block as the communal areas may begin to deteriorate if repairs are not paid for b) if the leaseholders have a dispute with the running of the building you will need to have complete disclosure Best to be warned whether a new roof is being installed or some other significant cost is due in the near future that will be shared by the tenants and could well dramatically increase the the maintenance fees or require a one time payment.