Fixed-fee leasehold conveyancing in New Eltham:

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New Eltham leasehold conveyancing Example Support Desk Enquiries

My husband and I may need to sub-let our New Eltham ground floor flat temporarily due to a career opportunity. We instructed a New Eltham conveyancing practice in 2001 but they have closed and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A lease governs relations between the freeholder and you the flat owner; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in New Eltham do not prevent an absolute prevention of subletting – such a clause would adversely affect the market value the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

I only have Fifty years remaining on my flat in New Eltham. I am keen to get lease extension but my landlord is can not be found. What options are available to me?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have done all that could be expected to find the lessor. For most situations an enquiry agent should be helpful to carry out a search and to produce an expert document which can be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on devolving into the landlord’s absence and the vesting order request to the County Court covering New Eltham.

Looking forward to sign contracts shortly on a garden flat in New Eltham. Conveyancing lawyers have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Does the lease prohibit wood flooring?
  • Are you allowed to have a pet in the flat?
  • 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
  • Whether your lease has a provision for a sinking fund?
  • You should have a good understanding of the insurance provisions
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in New Eltham please enquire of your conveyancer in advance of your conveyancing in New Eltham

  • I’m about to sell my garden apartment in New Eltham.Conveyancing has not commenced but I have just received a quarterly service charge invoice – what should I do?

    It best that you clear 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 management companies 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.

    Can you provide any advice for leasehold conveyancing in New Eltham with the aim of expediting the sale process?

    • Much of the delay in leasehold conveyancing in New Eltham can be bypassed if you appoint lawyers as soon as your agents start advertising the property and ask them to collate the leasehold documentation needed by the purchasers’ representatives.
    • Many freeholders or managing agents in New Eltham levy fees for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in New Eltham.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? New Eltham 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 fail to have the approvals in place do not communicate with the landlord without checking with your lawyer first.
  • If there is a history of any disputes with your freeholder or managing agents it is very important that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be warry about purchasing a flat where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 details of the dispute to the buyers, but it is better to reveal the dispute as historic as opposed to ongoing.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you hold the original share certificate. Arranging a duplicate share certificate is often a lengthy process and delays many a New Eltham conveyancing deal. If a reissued share certificate is needed, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible.

  • I have tried to negotiate informally with with my landlord to extend my lease without getting anywhere. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a New Eltham conveyancing firm to act on my behalf?

    Absolutely. We can put you in touch with a New Eltham conveyancing firm who can help.

    An example of a Lease Extension case for a New Eltham property is 103a Footscray Road in January 2014. The tribunal determines that the premium payable for the extended lease should be £34,500 according to the expert witness valuation calculation This case affected 1 flat.

    Other Topics

    Lease Extensions in New Eltham