Experts for Leasehold Conveyancing in Shoreditch

Get a Quote

Whether you are buying or selling leasehold flat in Shoreditch, our panel of leasehold conveyancing experts will help you move with as little stress as possible. Find a Shoreditch conveyancing lawyer with our search tool

Top Five Questions relating to Shoreditch leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Shoreditch. Before I set the wheels in motion I want to be sure as to the number of years remaining on the lease.

Assuming the lease is registered - and almost all are in Shoreditch - then the leasehold title will always include the basic details 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.

I am intending to rent out my leasehold flat in Shoreditch. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

The lease dictates the relationship between the freeholder and you the leaseholder; specifically, it will set out if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Shoreditch do not prevent strict prohibition on subletting – such a provision would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

Expecting to exchange soon on a garden flat in Shoreditch. Conveyancing solicitors inform me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Shoreditch should include some of the following:

  • The unexpired lease term You should be advised as what happens when the lease ends, and informed of the importance of the 80 year mark
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Are you allowed to have a pet in the flat?
  • You must be told what counts as a Nuisance in the lease
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • Responsibility for repairing the window frames For a comprehensive list of information to be included in your report on your leasehold property in Shoreditch please ask your lawyer in advance of your conveyancing in Shoreditch

    • Can you provide any top tips for leasehold conveyancing in Shoreditch from the perspective of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Shoreditch can be reduced if you get in touch lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the purchasers’ representatives.
    • If you have carried out any alterations to the property would they have required Landlord’s permission? In particular have you laid down wooden flooring? Shoreditch leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence from the Landlord approving such alterations. If you fail to have the consents to hand do not contact the landlord without checking with your lawyer in advance.
  • A minority of Shoreditch leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the yearly 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 lawyers.
  • If you have had any disputes with your freeholder or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be nervous about purchasing a flat where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to 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 present the dispute as historic as opposed to ongoing.
  • If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share certificate. Obtaining a re-issued share certificate is often a time consuming formality and delays many a Shoreditch conveyancing deal. If a reissued share is needed, you should approach the company officers or managing agents (where applicable) for this sooner rather than later.

    • I am the registered owner of a ground flat in Shoreditch. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal determine the sum payable for a lease extension?

    Most definitely. We can put you in touch with a Shoreditch conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a Shoreditch residence is 137 & 139 Haberdasher Street in December 2013. The Tribunal determines in accordance with section 48 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 that the premium for the extended lease for each Property should be £12,350.00. This case affected 2 flats. The unexpired lease term was 72.39 years.

    When it comes to leasehold conveyancing in Shoreditch what are the most frequent lease problems?

    Leasehold conveyancing in Shoreditch is not unique. Most leases is drafted differently and drafting errors can sometimes mean that certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain parts of the property
    • Insurance obligations
    • 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 will encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , The Royal Bank of Scotland, and Britannia all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the buyer to withdraw.

    Other Topics

    Lease Extensions in Shoreditch