Orpington leasehold conveyancing: Q and A’s
Having had my offer accepted I require leasehold conveyancing in Orpington. Before I get started I require certainty as to the number of years remaining on the lease.
Assuming the lease is recorded at the land registry - and most are in Orpington - 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 wish to let out my leasehold apartment in Orpington. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?
Notwithstanding that your last Orpington conveyancing solicitor is no longer around you can check your lease to check if you are permitted to let out the property. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you need to seek permission from your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet without first obtaining consent. Such consent should not be unreasonably turned down. If your lease does not allow you to sublet you should ask your landlord for their consent.
Expecting to complete next month on a ground floor flat in Orpington. Conveyancing solicitors inform me that they are sending me a report next week. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Orpington should include some of the following:
- Defining your legal entitlements in relation to the communal areas in the building.For instance, does the lease provide for a right of way over a path or hallways?
- Are pets allowed in the flat?
- Repair and maintenance of the flat
- Changes to the flat (alterations and additions)
- 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
- 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
- What the implications are if you breach a clause of your lease?
What advice can you give us when it comes to finding a Orpington conveyancing firm to deal with our lease extension?
When appointing a solicitor for lease extension works (regardless if they are a Orpington conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Orpington conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:
- If they are not ALEP accredited then what is the reason?
- Can they put you in touch with client in Orpington who can give a testimonial?
Can you provide any advice for leasehold conveyancing in Orpington with the aim of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Orpington can be avoided where you get in touch lawyers as soon as you market your property and ask them to put together the leasehold information which will be required by the buyers solicitors.
- The majority landlords or managing agents in Orpington charge for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information sought 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 common cause of delay in leasehold conveyancing in Orpington.
- If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you installed wooden flooring? Most leases in Orpington state that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord consenting to such works. Where you dont have the consents to hand do not communicate with the landlord without checking with your conveyancer in advance.
- A minority of Orpington leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is able to meet the annual 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.
- If you have had conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is ongoing. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of 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 clearly preferable to reveal the dispute as historic as opposed to unsettled.
After years of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in Orpington. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Most definitely. We are happy to put you in touch with a Orpington conveyancing firm who can help.
An example of a Lease Extension decision for a Orpington premises is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case was in relation to 1 flat. The unexpired lease term was 50.57 years.
Orpington Leasehold Conveyancing - Examples of Questions you should ask before Purchasing
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In the main the outlay for major works are not included within maintenance charges, although a few managing agents in Orpington ask leaseholders to pay into a sinking fund and this is used to offset against major repairs or maintenance.
Its a good idea to find out as much as you can regarding the company managing the block as they will either make your life much easier or a lot more difficult. As the owner of a leasehold property you are often in the clutches of the managing agents from a financial perspective and when it comes to every day issues such as the upkeep of the communal areas. Enquire of other tenants what they think of their management. On a final note, find out the dates that you are obliged pay the service charge to the appropriate party and precisely how they are spending that money.