Fixed-fee leasehold conveyancing in Morden Park:

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Top Five Questions relating to Morden Park leasehold conveyancing

Helen (my wife) and I may need to sub-let our Morden Park 1st floor flat temporarily due to a new job. We instructed a Morden Park conveyancing practice in 2002 but they have since shut and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

Notwithstanding that your previous Morden Park conveyancing solicitor is not available you can check your lease to check if it allows you to sublet the premises. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you must obtain permission from your landlord or some other party in advance of subletting. This means that you cannot sublet without prior permission. The consent must not not be unreasonably withheld. If your lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

Due to complete next month on a ground floor flat in Morden Park. Conveyancing solicitors inform me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Morden Park should include some of the following:

  • The physical extent of the premises. This will be the flat itself but could also incorporate a loft or cellar if appropriate.
  • Does the lease prevent you from letting out the property, or having a home office for business
  • You should be told what constitutes a Nuisance in the lease
  • 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
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide. For a comprehensive list of information to be contained in your report on your leasehold property in Morden Park please enquire of your lawyer in ahead of your conveyancing in Morden Park

  • I've found a house that appears to be perfect, at a reasonable figure which is making it more attractive. I have since found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Morden Park. Conveyancing advisers have not yet been appointed. Will they explain the issues?

    The majority of houses in Morden Park are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. it is apparent that you are purchasing in Morden Park so you should seriously consider shopping around for a Morden Park conveyancing practitioner and be sure that they are used to 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 comes with conditions such as requiring the landlord’spermission to carry out changes to the property. It may be necessary to pay a contribution towards the maintenance of the communal areas where the house is part of an estate. Your solicitor will appraise you on the various issues.

    I work for a busy estate agent office in Morden Park where we have experienced a number of leasehold sales derailed as a result of leases having less than 80 years remaining. I have been given contradictory information from local Morden Park conveyancing firms. Please can you shed some light as to whether the vendor of a flat can commence the lease extension formalities for the purchaser on completion of the sale?

    As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

    Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

    What are your top tips when it comes to choosing a Morden Park conveyancing firm to deal with our lease extension?

    When appointing a solicitor for lease extension works (regardless if they are a Morden Park conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Morden Park 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 useful:

    • What volume of lease extensions has the firm conducted in Morden Park in the last year?
  • Can they put you in touch with client in Morden Park who can give a testimonial?

  • Having spent months of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Morden Park. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

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

    An example of a Lease Extension case for a Morden Park flat is 33 The Maisonettes Alberta Avenue in June 2014. the Tribunal decided that the premium payable for the grant of a new lease be the sum of £20,680 (Twenty Thousand six hundred and eighty pounds). This case affected 1 flat. The remaining number of years on the lease was 60.43 years.