Questions and Answers: Shooter's Hill leasehold conveyancing
Frank (my husband) and I may need to sub-let our Shooter's Hill ground floor flat temporarily due to a career opportunity. We instructed a Shooter's Hill conveyancing firm in 2001 but they have since shut and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?
Even though your previous Shooter's Hill conveyancing lawyer is no longer available you can review your lease to see if it allows you to sublet the premises. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you are obliged to obtain permission from your landlord or some other party prior to subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. The consent must not not be unreasonably withheld. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.
I am hoping to exchange soon on a ground floor flat in Shooter's Hill. Conveyancing lawyers assured me that they report fully tomorrow. 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:
- Do you need to have carpet in the flat or are you allowed wood flooring?
I am hoping to put an offer on a small detached house that appears to be perfect, at a great figure which is making it all the more appealing. I have since discovered that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Shooter's Hill. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?
Most houses in Shooter's Hill are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are purchasing in Shooter's Hill in which case you should be looking for a Shooter's Hill conveyancing practitioner and be sure that they are used to advising on leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’spermission to carry out alterations. You may also be required to pay a contribution towards the maintenance of the estate where the property is part of an estate. Your solicitor will report to you on the legal implications.
I own a leasehold house in Shooter's Hill. Conveyancing and Coventry Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1991. The conveyancing solicitor in Shooter's Hill who previously acted has now retired.Do I pay?
First contact HMLR to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Shooter's Hill conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Do you have any top tips for leasehold conveyancing in Shooter's Hill with the intention of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Shooter's Hill can be bypassed where you get in touch lawyers the minute your agents start advertising the property and ask them to put together the leasehold documentation which will be required by the buyers representatives.
- In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Shooter's Hill state that internal structural alterations or addition of wooden flooring require a licence from the Landlord consenting to such works. If you fail to have the consents to hand you should not contact the landlord without contacting your solicitor in advance.
Following 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?
You certainly can. 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 residence 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 related to 1 flat.