Fixed-fee leasehold conveyancing in Mortlake:

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When it comes to leasehold conveyancing in Mortlake, you will need to appoint a conveyancing practitioner with leasehold experience. Whether your mortgage company is to be Lloyds, RBS or Nationwide be sure to choose a lawyer on their approved list. Feel free to use our search tool

Mortlake leasehold conveyancing: Q and A’s

I am in need of some leasehold conveyancing in Mortlake. Before diving in I would like to find out the unexpired term of the lease.

Assuming the lease is registered - and 99.9% are in Mortlake - then the leasehold title will always include the short particulars 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.

I am hoping to exchange soon on a ground floor flat in Mortlake. Conveyancing lawyers assured me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Mortlake should include some of the following:

  • The total extent of the property. This will be the property itself but could also incorporate a loft or basement if appropriate.
  • Does the lease prohibit wood flooring?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Whether your lease has a provision for a reserve fund?
  • Repair and maintenance of the flat
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be included in your report on your leasehold property in Mortlake please ask your conveyancer in ahead of your conveyancing in Mortlake

    • Last month I purchased a leasehold house in Mortlake. Do I have any liability for service charges relating to a period prior to my ownership?

    Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    What advice can you give us when it comes to finding a Mortlake conveyancing firm to deal with our lease extension?

    If you are instructing a conveyancer for lease extension works (regardless if they are a Mortlake conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Mortlake conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

    • If the firm is not ALEP accredited then why not?
  • Can they put you in touch with client in Mortlake who can give a testimonial?

    • Can you provide any top tips for leasehold conveyancing in Mortlake with the purpose of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Mortlake can be reduced if you get in touch lawyers the minute you market your property and request that they start to put together the leasehold information needed by the buyers lawyers.
    • The majority landlords or Management Companies in Mortlake levy fees for providing management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Mortlake.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Mortlake leases often stipulate that internal structural alterations or laying down wooden flooring require a licence from the Landlord approving such changes. Where you fail to have the paperwork in place you should not communicate with the landlord without contacting your lawyer in the first instance.
  • Some Mortlake leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet the yearly 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.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check via your lawyers. A purchaser's lawyer will be unlikely to recommend their client to where the remaining number of years is under 75 years. It is therefore important at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • I have given up trying to purchase the freehold in Mortlake. Can this matter be resolved via the Leasehold Valuation Tribunal?

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

    An example of a Freehold Enfranchisement decision for a Mortlake residence is 19 St. Margarets Crescent in August 2010. the tribunal was of the view that the premium to be paid by the leaseholder for the freehold reversion was £51,983.00 This case was in relation to 3 flats. The the unexpired residue of the current lease was 66.25 years.

    Other Topics

    Lease Extensions in Mortlake