Leasehold Conveyancing in Rayners Lane - Get a Quote from the leasehold experts approved by your lender

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When it comes to leasehold conveyancing in Rayners Lane, you will need to appoint a conveyancing solicitor with leasehold experience. Whether your lender is to be Halifax, RBS or Nationwide make sure you find a lawyer on their panel. Find a Rayners Lane conveyancing lawyer with our search tool

Frequently asked questions relating to Rayners Lane leasehold conveyancing

I today plan to offer on a house that seems to tick a lot of boxes, at a great figure which is making it more attractive. I have just been informed that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Rayners Lane. Conveyancing advisers have are about to be appointed. Will they explain the issues?

Most houses in Rayners Lane are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Rayners Lane in which case you should be looking for a Rayners Lane conveyancing practitioner and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’spermission to conduct changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the house is part of an estate. Your lawyer should report to you on the legal implications.

Back In 2005, I bought a leasehold flat in Rayners Lane. Conveyancing and HSBC Bank mortgage are in place. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Rayners Lane who acted for me is not around.What should I do?

First make enquiries of the Land Registry to be sure that this person is indeed the new freeholder. There is no need to instruct a Rayners Lane conveyancing lawyer to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I work for a busy estate agency in Rayners Lane where we have witnessed a number of flat sales jeopardised as a result of short leases. I have been given contradictory information from local Rayners Lane conveyancing firms. Please can you shed some light as to whether the owner of a flat can start the lease extension formalities for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

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 purchaser.

What advice can you give us when it comes to appointing a Rayners Lane conveyancing firm to deal with our lease extension?

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

  • What volume of lease extensions has the firm carried out in Rayners Lane in the last year?
  • Can they put you in touch with client in Rayners Lane who can give a testimonial?

    • Can you provide any advice for leasehold conveyancing in Rayners Lane with the intention of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Rayners Lane can be avoided where you get in touch lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold information needed by the purchasers’ solicitors.
    • If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you laid down wooden flooring? Rayners Lane leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord acquiescing to such works. If you fail to have the paperwork in place do not contact the landlord without contacting your conveyancer before hand.
  • Some Rayners Lane leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • If you have had any disputes with your freeholder or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to completion of the sale. 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 particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as historic rather than ongoing.
  • You believe that you know the number of years left on your lease but it would be advisable verify this by asking your solicitors. A buyer’s lawyer will be unlikely to recommend their client to to exchange contracts if the lease term is less than 75 years. In the circumstances it is essential at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • I am the leaseholder of a first floor flat in Rayners Lane. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal determine the premium payable for a lease extension?

    Absolutely. We are happy to put you in touch with a Rayners Lane conveyancing firm who can help.

    An example of a Lease Extension decision for a Rayners Lane premises 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 the unexpired residue of the current lease was 79 years.

    Other Topics

    Lease Extensions in Rayners Lane