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When it comes to leasehold conveyancing in Shooter's Hill, you will need to appoint a conveyancing solicitor with leasehold experience. Whether your lender is to be Halifax, RBS or Nationwide be sure to find a lawyer on their approved list. Feel free to use our search tool

Frequently asked questions relating to Shooter's Hill leasehold conveyancing

My husband and I may need to sub-let our Shooter's Hill 1st floor flat for a while due to a new job. We instructed a Shooter's Hill conveyancing practice in 2002 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

A small minority of properties in Shooter's Hill do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

Looking forward to complete next month on a leasehold property in Shooter's Hill. Conveyancing solicitors assured me that they are sending me a report within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Shooter's Hill should include some of the following:

  • You should receive a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • The total extent of the demise. This will be the flat itself but could also incorporate a loft or basement if appropriate.
  • Will you be prohibited or prevented from having pets in the property?
  • Repair and maintenance of the flat
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Responsibility for repairing the window frames For details of the information to be included in your report on your leasehold property in Shooter's Hill please enquire of your solicitor in advance of your conveyancing in Shooter's Hill

    • Estate agents have just been given the go-ahead to market my basement apartment in Shooter's Hill.Conveyancing lawyers have not yet been instructed but I have just had a quarterly service charge invoice – Do I pay up?

    It best that you 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. This will smooth the conveyancing process.

    I am a negotiator for a long established estate agency in Shooter's Hill where we have experienced a few leasehold sales derailed due to short leases. I have been given inconsistent advice from local Shooter's Hill conveyancing solicitors. Can you shed some light as to whether the seller of a flat can start the lease extension process for the buyer?

    Provided that 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 buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, 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 purchaser.

    I am the leaseholder of a first floor flat in Shooter's Hill. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal determine the premium payable for the purchase of the freehold?

    Absolutely. We can put you in touch with a Shooter's Hill conveyancing firm who can help.

    An example of a Lease Extension decision for a Shooter's Hill premises 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 affected 1 flat.

    What makes a Shooter's Hill lease problematic?

    Leasehold conveyancing in Shooter's Hill is not unique. Most leases are unique and drafting errors can sometimes mean that certain sections are not included. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain parts of the building
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Coventry Building Society, and TSB all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the buyer to pull out.