Fixed-fee leasehold conveyancing in Mottingham:

When it comes to leasehold conveyancing in Mottingham, you will need to instruct a conveyancing practitioner with leasehold experience. Whether your lender is to be Halifax, RBS or NatWest make sure you find a lawyer on their panel. Find a Mottingham conveyancing lawyer with our search tool

Sample questions relating to Mottingham leasehold conveyancing

Looking forward to exchange soon on a leasehold property in Mottingham. Conveyancing solicitors assured me that they are sending me a report tomorrow. What should I be looking out for?

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

  • You should be sent a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • The physical extent of the property. This will be the property itself but could also include a roof space or cellar if appropriate.
  • Repair and maintenance of the flat
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Responsibility for repairing the window frames
  • What options are open to you if a neighbour is in violation of a provision in their lease? For a comprehensive list of information to be contained in your report on your leasehold property in Mottingham please ask your lawyer in advance of your conveyancing in Mottingham

  • I have just appointed agents to market my garden apartment in Mottingham.Conveyancing lawyers have not yet been instructed but I have just received a quarterly service charge demand – should I leave it to the buyer to sort out?

    Your conveyancing lawyer is likely to suggest that you should pay the service charge 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 unless 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. Having a clear account will assist your cause and will leave you no worse off financially.

    I am employed by a reputable estate agent office in Mottingham where we have experienced a number of flat sales jeopardised as a result of short leases. I have received inconsistent advice from local Mottingham conveyancing solicitors. Could you shed some light as to whether the vendor of a flat can start the lease extension formalities for the buyer?

    Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years for a lease extension. 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.

    An alternative approach is to extend the lease informally by agreement with the landlord 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.

    Can you provide any top tips for leasehold conveyancing in Mottingham with the aim of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Mottingham can be avoided if you appoint lawyers the minute you market your property and request that they start to put together the leasehold information which will be required by the buyers lawyers.
    • If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you laid down wooden flooring? Mottingham leases often stipulate that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord consenting to such works. Should you fail to have the approvals in place you should not communicate with the landlord without contacting your solicitor in advance.
  • Some Mottingham leases require Licence to Assign from the landlord. 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. Any bank reference will need to confirm that the buyers are financially capable of paying 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • If you have had conflict with your landlord or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to reveal the dispute as historic as opposed to unresolved.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you have the original share document. Arranging a duplicate share certificate is often a lengthy process and delays many a Mottingham home move. Where a duplicate share is necessary, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.

  • All being well we will complete the sale of our £425000 garden flat in Mottingham in seven days. The landlords agents has quoted £408 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Mottingham?

    For the majority of leasehold sales in Mottingham conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

    • Addressing conveyancing due diligence questions
    • Where consent is required before sale in Mottingham
    • Supplying insurance information
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Mottingham leasehold premises is £350. For Mottingham conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply answers.

    Following years of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Mottingham. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

    You certainly can. We can put you in touch with a Mottingham conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a Mottingham property is 49 Woodstock Court Burnt Ash Hill in May 2012. the payment of £64,116 by the leaseholder was the premium which the Tribunal found due for the lease extension in this case. This case was in relation to 1 flat. The remaining number of years on the lease was 23.26 years.

    Other Topics

    Lease Extensions in Mottingham