Experts for Leasehold Conveyancing in Shepherd's Bush

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Questions and Answers: Shepherd's Bush leasehold conveyancing

I've found a house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have since been informed that the title is leasehold as opposed to freehold. I would have thought that there are issues purchasing a leasehold house in Shepherd's Bush. Conveyancing solicitors have are soon to be appointed. Will they explain the issues?

The majority of houses in Shepherd's Bush are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Shepherd's Bush in which case you should be shopping around for a Shepherd's Bush conveyancing solicitor and be sure that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the property is located on an estate. Your conveyancer should appraise you on the various issues.

Back In 2009, I bought a leasehold flat in Shepherd's Bush. Conveyancing and National Westminster Bank mortgage are in place. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing solicitor in Shepherd's Bush who previously acted has now retired.Any advice?

The first thing you should do is contact the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Shepherd's Bush conveyancing firm to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am tempted by the attractive purchase price for a couple of flats in Shepherd's Bush which have approximately forty five years remaining on the lease term. Do I need to be concerned?

There is no doubt about it. A leasehold apartment in Shepherd's Bush is a deteriorating asset as a result of the shortening lease. The closer the lease gets to its expiry date, the more it reduces the marketability of the premises. For most purchasers and mortgage companies, leases with under eighty years become less and less attractive. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Shepherd's Bush conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Can you provide any advice for leasehold conveyancing in Shepherd's Bush with the purpose of speeding up the sale process?

  • Much of the delay in leasehold conveyancing in Shepherd's Bush can be avoided where you appoint lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the buyers lawyers.
  • Many landlords or managing agents in Shepherd's Bush levy fees for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Shepherd's Bush.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example installed wooden flooring? Shepherd's Bush leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord consenting to such works. Where you dont have the approvals to hand you should not contact the landlord without contacting your conveyancer first.
  • A minority of Shepherd's Bush leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this by asking your conveyancers. A purchaser's lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is below 75 years. In the circumstances it is important at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £ 350000 garden flat in Shepherd's Bush next week. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Shepherd's Bush?

Shepherd's Bush conveyancing on leasehold maisonettes nine out of ten times results in fees being levied by landlords agents :

  • Completing conveyancing due diligence questions
  • Where consent is required before sale in Shepherd's Bush
  • Copies of the building insurance and schedule
  • Deeds of covenant upon sale
  • Registering of the assignment of the change of lessee after a sale
Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Shepherd's Bush leasehold property is £350. For Shepherd's Bush conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply answers.

Following months of correspondence we are unable to agree with our landlord on how much the lease extension should cost for our flat in Shepherd's Bush. Can we issue an application to the Residential Property Tribunal Service?

Most certainly. We can put you in touch with a Shepherd's Bush conveyancing firm who can help.

An example of a Freehold Enfranchisement matter before the tribunal for a Shepherd's Bush property is 82 Minford Gardens in February 2009. The Tribunal determined that the enfranchisement price was £37,341 This case affected 2 flats. The the number of years remaining on the existing lease(s) was 72.92 years.

Shepherd's Bush Leasehold Conveyancing - Examples of Questions you should consider before buying