Frequently asked questions relating to Rayners Lane leasehold conveyancing
My fiance and I may need to sub-let our Rayners Lane 1st floor flat for a while due to taking a sabbatical. We instructed a Rayners Lane conveyancing firm in 2004 but they have since shut and we did not think at the time get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
Your lease dictates the relationship between the freeholder and you the leaseholder; in particular, it will indicate if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Rayners Lane do not prevent an absolute prevention of subletting – such a clause would undoubtedly devalue the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.
I today plan to offer on a house that seems to be perfect, at a great price which is making it more attractive. I have subsequently been informed that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in Rayners Lane. Conveyancing solicitors have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Rayners Lane ?
Most houses in Rayners Lane are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are buying in Rayners Lane so you should seriously consider shopping around for a Rayners Lane conveyancing solicitor and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’spermission to carry out changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your conveyancer will appraise you on the various issues.
I own a leasehold flat in Rayners Lane. Conveyancing and Aldermore mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Rayners Lane who previously acted has long since retired.What should I do?
First contact the Land Registry to make sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Rayners Lane conveyancing firm to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What are your top tips when it comes to finding a Rayners Lane conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a property lawyer for your lease extension (regardless if they are a Rayners Lane conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non Rayners Lane conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:
- What volume of lease extensions has the firm conducted in Rayners Lane in the last twenty four months?
- What are the costs for lease extension work?
All being well we will complete the sale of our £ 150000 maisonette in Rayners Lane next Tuesday . The landlords agents has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Rayners Lane?
Rayners Lane conveyancing on leasehold maisonettes usually necessitates the buyer’s solicitor submitting enquiries for the landlord to answer. Although the landlord is not legally bound to answer such questions the majority will be content to do so. They are at liberty invoice a reasonable administration fee for answering enquiries or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is £350, in some transactions it is above £800. The management information fee levied by the landlord must be sent together with a synopsis of rights and obligations in relation to administration fees, without which the invoice is not strictly payable. Reality however dictates that you have no option but to pay whatever is demanded should you wish to complete the sale of your home.
Having spent years of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in Rayners Lane. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Absolutely. We can put you in touch with a Rayners Lane conveyancing firm who can help.
An example of a Lease Extension decision for a Rayners Lane property is GFF 1 Holyrood Avenue in May 2014. The Tenant wished to acquire a new (extended) lease and applied to the Willesden County Court who granted a vesting order on 20* March2013. The Tribunal decied that the premium to be paid was £9,062 This case affected 1 flat. The unexpired lease term was 79 years.
Rayners Lane Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing
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In the main the cost for major works are not included within service charges, albeit that there some managing agents in Rayners Lane ask leasehold owners to pay into a reserve fund and this is used to offset against major repairs or maintenance.
Its a good idea to find out as much as possible about the company managing the block as they can either make your life much easier or a lot more difficult. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to practical matters such as the tidiness of the common parts. You should not be shy to ask other tenants whether they are happy with them. Finally, investigate as to the dates that you are obliged pay the service charge to the relevant party and specifically what it includes.
The prefered form of lease arrangement is a share of the freehold. In this arrangement the tenants enjoy control and notwithstanding that a managing agent is frequently retained where it is bigger than a house conversion, the managing agent is directed by the tenants.