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

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While any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Rotherhithe, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Questions and Answers: Rotherhithe leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Rotherhithe. Before diving in I would like to find out the remaining lease term.

Assuming the lease is registered - and 99.9% are in Rotherhithe - 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.

Having checked my lease I have discovered that there are only Fifty years unexpired on my lease in Rotherhithe. I am keen to get lease extension but my freeholder is absent. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to prove that you have done all that could be expected to locate the landlord. In some cases a specialist would be helpful to conduct investigations and to produce an expert document to be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s disappearance and the application to the County Court covering Rotherhithe.

I am hoping to exchange soon on a studio apartment in Rotherhithe. Conveyancing lawyers inform me that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?

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

  • The total extent of the premises. This will be the apartment itself but might include a roof space or cellar if appropriate.
  • Does the lease prohibit wood flooring?
  • Does the lease prevent you from renting out the flat, or having a home office for business
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Changes to the flat (alterations and additions)
  • What you can do if a neighbour is in violation of a provision in their lease?
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Rotherhithe please ask your conveyancer in advance of your conveyancing in Rotherhithe

    • Estate agents have just been given the go-ahead to market my garden apartment in Rotherhithe.Conveyancing is yet to be initiated but I have just had a half-yearly service charge demand – what should I do?

    The sensible thing to do is pay the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

    Can you provide any advice for leasehold conveyancing in Rotherhithe with the aim of expediting the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Rotherhithe can be reduced if you get in touch lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information which will be required by the buyers representatives.
    • 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? Rotherhithe leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence issued by the Landlord approving such alterations. Where you fail to have the approvals in place you should not contact the landlord without checking with your solicitor in the first instance.
  • A minority of Rotherhithe leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The 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 solicitors.
  • If there is a history of any disputes with your freeholder or managing agents it is very important that these are settled before the property is marketed. The buyers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or resolve 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 will still have to reveal details of the dispute to the buyers, but it is better to reveal the dispute as historic as opposed to unresolved.
  • If you are supposed to have a share in the freehold, you should ensure that you have the original share certificate. Arranging a re-issued share certificate can be a lengthy formality and slows down many a Rotherhithe home move. If a new share certificate is required, you should approach the company officers or managing agents (where applicable) for this sooner rather than later.

    • I have tried to negotiate informally with with my landlord for a lease extension without success. Can a leaseholder make an application to the Leasehold Valuation Tribunal? Can you recommend a Rotherhithe conveyancing firm to represent me?

    You certainly can. We can put you in touch with a Rotherhithe conveyancing firm who can help.

    An example of a Freehold Enfranchisement case for a Rotherhithe flat is 12, 14 & 16 Hull Close in May 2010. the Tribunal determined that the premium payable for the acquisition of the freehold to the subject premises was the sum of £18,300 This case affected 3 flats. The unexpired lease term was 101.61 years.