Quality lawyers for Leasehold Conveyancing in Shooter's Hill

Any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Shooter's Hill, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Shooter's Hill leasehold conveyancing: Q and A’s

Back In 2000, I bought a leasehold flat in Shooter's Hill. Conveyancing and HSBC Bank mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Shooter's Hill who previously acted has now retired.Any advice?

First contact HMLR to be sure that this person is indeed the new freeholder. You do not need to instruct a Shooter's Hill conveyancing solicitor to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am looking at a couple of apartments in Shooter's Hill which have approximately fifty years remaining on the leases. Should I regard a short lease as a deal breaker?

A lease is a legal document that entitles you to use the property for a period of time. As a lease gets shorter the value of the lease reduces and it becomes more expensive to acquire a lease extension. For this reason it is often a good idea to extend the lease term. More often than not it is difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a difficult process. We advise that you seek professional assistance from a conveyancer and surveyor with experience in this field

What are your top tips when it comes to choosing a Shooter's Hill conveyancing practice to carry out our lease extension conveyancing?

When appointing a conveyancer for lease extension works (regardless if they are a Shooter's Hill conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Shooter's Hill conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

  • Can they put you in touch with client in Shooter's Hill who can give a testimonial?
  • What are the costs for lease extension work?

  • Do you have any advice for leasehold conveyancing in Shooter's Hill from the perspective of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Shooter's Hill can be reduced if you instruct lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information which will be required by the buyers representatives.
    • The majority landlords or Management Companies in Shooter's Hill levy fees for providing management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Shooter's Hill.
  • If you have carried out any alterations to the property would they have required Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Shooter's Hill state that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord consenting to such works. If you dont have the consents to hand do not contact the landlord without contacting your conveyancer before hand.
  • Some Shooter's Hill leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand 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 purchasers or their solicitors.
  • If you hold a share in a the freehold, you should make sure that you have the original share certificate. Arranging a replacement share certificate is often a time consuming process and slows down many a Shooter's Hill home move. If a new share certificate is necessary, you should approach the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

  • Having spent years of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Shooter's Hill. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

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

    An example of a Lease Extension matter before the tribunal 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.

    Are there frequently found defects that you come across in leases for Shooter's Hill properties?

    Leasehold conveyancing in Shooter's Hill is not unique. Most leases are individual and legal mistakes in the legal wording can result in certain provisions are erroneous. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain elements of the premises
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You could have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, The Royal Bank of Scotland, and Clydesdale all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the purchaser to withdraw.