Recently asked questions relating to Peckham leasehold conveyancing
I am in need of some leasehold conveyancing in Peckham. Before I set the wheels in motion I want to be sure as to the unexpired term of the lease.
Assuming the lease is registered - and 99.9% are in Peckham - 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 want to let out my leasehold flat in Peckham. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Notwithstanding that your last Peckham conveyancing lawyer is not around you can check your lease to check if it allows you to sublet the property. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you must obtain consent via your landlord or some other party before subletting. This means that you cannot sublet in the absence of prior permission. The consent is not allowed to be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord for their consent.
Having checked my lease I have discovered that there are only Seventy years unexpired on my flat in Peckham. I now wish to get lease extension but my freeholder is missing. What options are available to me?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to prove that you have made all reasonable attempts to track down the landlord. For most situations a specialist should be helpful to conduct investigations and prepare an expert document to be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s absence and the application to the County Court covering Peckham.
Do you have any top tips for leasehold conveyancing in Peckham with the purpose of expediting the sale process?
- Much of the delay in leasehold conveyancing in Peckham can be bypassed where you get in touch lawyers the minute your agents start advertising the property and ask them to put together the leasehold documentation which will be required by the buyers lawyers.
- Many freeholders or managing agents in Peckham levy fees for supplying management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Peckham.
- In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Most leases in Peckham state that internal structural changes or installing wooden flooring require a licence from the Landlord acquiescing to such alterations. Where you dont have the consents in place do not contact the landlord without contacting your conveyancer in advance.
- Some Peckham leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 purchasers or their lawyers.
- If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share document. Obtaining a new share certificate can be a time consuming formality and frustrates many a Peckham conveyancing deal. Where a new share certificate is needed, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.
Completion in due on the disposal of our £ 150000 flat in Peckham in just under a week. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Peckham?
Peckham conveyancing on leasehold maisonettes usually necessitates the buyer’s conveyancer sending enquiries for the landlord to answer. Although the landlord is under no legal obligation to address these enquiries the majority will be content to do so. They are at liberty charge a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some cases it exceeds £800. The administration charge demanded by the landlord must be sent together with a summary of entitlements and obligations in relation to administration fees, otherwise the charge is technically not due. Reality however dictates that one has no option but to pay whatever is demanded if you want to sell the property.
My wife and I have hit a brick wall in trying to purchase the freehold in Peckham. Can this matter be resolved via the Leasehold Valuation Tribunal?
Absolutely. We are happy to put you in touch with a Peckham conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Peckham premises is 31 Kings Grove in January 2012. By a claim form issued on 11" August 2011 under action number 1LB01618 in the Lambeth County Court the applicant tenants sought dispensation under section 26 of the Leasehold Reform, Housing and Urban Development Act 1993 from the requirement to serve a notice under section 13 of that Act in order to purchase the freehold of the premises. The Tribunal decided the amount payable for the freehold as £10,728 This case related to 2 flats. The the number of years remaining on the existing lease(s) was 80.5 years.
I am the registered owner of a basement flat in Peckham, conveyancing having been completed 1995. Can you please calculate a probable premium for a statutory lease extension? Comparable properties in Peckham with an extended lease are worth £176,000. The average or mid-range amount of ground rent is £50 per annum. The lease finishes on 21st October 2101
With 75 years unexpired the likely cost is going to span between £10,500 and £12,000 as well as professional fees.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to supply a more accurate figure in the absence of comprehensive investigations. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information without first getting professional advice.