Fixed-fee leasehold conveyancing in Lower Clapton:

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Common questions relating to Lower Clapton leasehold conveyancing

I only have 62 years unexpired on my lease in Lower Clapton. I now wish to extend my lease but my freeholder is absent. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. You will be obliged to prove that you or your lawyers have used your best endeavours to locate the freeholder. On the whole a specialist should be useful to try and locate and prepare an expert document to be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer in relation to proving the landlord’s absence and the vesting order request to the County Court covering Lower Clapton.

Looking forward to exchange soon on a leasehold property in Lower Clapton. 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 Lower Clapton should include some of the following:

  • Setting out your legal entitlements in respect of common areas in the building.By way of example, does the lease grant a right of way over an accessway or staircase?
  • Does the lease prohibit wood flooring?
  • Are you allowed to have a pet in the flat?
  • Whether the lease restricts you from subletting the flat, or working from home
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Repair and maintenance of the flat
  • 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 For a comprehensive list of information to be contained in your report on your leasehold property in Lower Clapton please enquire of your solicitor in advance of your conveyancing in Lower Clapton

    • I have just started marketing my 2 bed apartment in Lower Clapton.Conveyancing lawyers have not yet been instructed but I have just received a yearly service charge demand – Do I pay up?

    The sensible thing to do is discharge the invoice 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 until 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. This will smooth the conveyancing process.

    I today plan to offer on a house that seems to be perfect, at a reasonable figure which is making it all the more appealing. I have since discovered that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Lower Clapton. Conveyancing solicitors have not yet been appointed. 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 conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Lower Clapton so you should seriously consider looking for a Lower Clapton conveyancing solicitor and check that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’spermission to carry out changes to the property. It may be necessary to pay a contribution towards the upkeep of the communal areas where the house is part of an estate. Your lawyer will report to you on the legal implications.

    What are your top tips when it comes to finding a Lower Clapton conveyancing practice to deal with our lease extension?

    If you are instructing a solicitor for your lease extension (regardless if they are a Lower Clapton conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Lower Clapton conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

    • How many lease extensions have they conducted in Lower Clapton in the last year?
  • What are the charges for lease extension conveyancing?

    • After years of correspondence 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?

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

    An example of a Freehold Enfranchisement matter before the tribunal for a Lower Clapton flat 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 number of years remaining on the existing lease(s) was 71.25 years.