Fixed-fee leasehold conveyancing in Plumstead:

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Questions and Answers: Plumstead leasehold conveyancing

I want to let out my leasehold flat in Plumstead. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Notwithstanding that your last Plumstead conveyancing solicitor is no longer available you can review your lease to check if you are permitted to let out the apartment. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you must obtain permission via your landlord or some other party prior to subletting. The net result is that you cannot sublet without first obtaining consent. The consent should not be unreasonably withheld. If the lease prohibits you from subletting the property you should ask your landlord for their consent.

Due to sign contracts shortly on a garden flat in Plumstead. Conveyancing solicitors inform me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

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

  • The length of the lease term You should be advised as what happens when the lease expires, and informed of the importance of not letting the lease term falling below eighty years
  • The physical extent of the demise. This will be the apartment itself but may incorporate a roof space or cellar if applicable.
  • Will you be prohibited or prevented from having pets in the property?
  • 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
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • Responsibility for repairing the window frames
  • What you can do if a neighbour breach a clause of their lease? For details of the information to be included in your report on your leasehold property in Plumstead please ask your solicitor in ahead of your conveyancing in Plumstead

    • I am employed by a reputable estate agent office in Plumstead where we see a number of leasehold sales put at risk due to short leases. I have received contradictory information from local Plumstead conveyancing firms. Please can you clarify whether the owner of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

    As long as the seller has owned the lease 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 to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, 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.

    What advice can you give us when it comes to finding a Plumstead conveyancing firm to carry out our lease extension conveyancing?

    If you are instructing a conveyancer for lease extension works (regardless if they are a Plumstead conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Plumstead conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

    • If they are not ALEP accredited then why not?
  • Can they put you in touch with client in Plumstead who can give a testimonial?

    • If all goes to plan we aim to complete the disposal of our £275000 garden flat in Plumstead on Thursday in a week. The managing agents has quoted £360 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Plumstead?

    Plumstead conveyancing on leasehold flats often involves the purchaser’s solicitor submitting enquiries for the landlord to address. Although the landlord is not legally bound to address such questions most will be content to assist. They may levy a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is over three hundred pounds, in some situations it is above £800. The management information fee required by the landlord must be sent together with a summary of entitlements and obligations in respect of administration charges, without which the invoice is technically not due. In reality one has little option but to pay whatever is requested of you if you want to complete the sale of your home.

    I have tried to negotiate informally with with my landlord for a lease extension without success. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Plumstead conveyancing firm to represent me?

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

    An example of a Lease Extension matter before the tribunal for a Plumstead flat 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 was in relation to 1 flat.

    Other Topics

    Lease Extensions in Plumstead