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Questions and Answers: South Harrow leasehold conveyancing

I am on look out for some leasehold conveyancing in South Harrow. Before diving in I would like to find out the unexpired term of the lease.

Assuming the lease is registered - and most are in South Harrow - 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 wish to rent out my leasehold apartment in South Harrow. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Notwithstanding that your previous South Harrow conveyancing lawyer is no longer available you can review your lease to see if you are permitted to let out the premises. The rule is that if the deeds are non-specific, subletting is permitted. Quite often there is a prerequisite that you are obliged to seek permission from your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet without first obtaining consent. The consent must not not be unreasonably turned down. If your lease prohibits you from letting out the property you should ask your landlord for their consent.

Looking forward to sign contracts shortly on a ground floor flat in South Harrow. Conveyancing lawyers assured me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in South Harrow 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 not letting the lease term falling below eighty years
  • Are pets allowed in the flat?
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • You should have a good understanding of the insurance provisions
  • Repair and maintenance of the flat
  • Changes to the flat (alterations and additions)
  • What options are open to you if a neighbour is in violation of a provision in their lease? For a comprehensive list of information to be included in your report on your leasehold property in South Harrow please ask your conveyancer in ahead of your conveyancing in South Harrow

    • I today plan to offer on a house that appears to meet my requirements, at a great figure which is making it more attractive. I have just been informed that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in South Harrow. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in South Harrow ?

    The majority of houses in South Harrow are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are buying in South Harrow so you should seriously consider shopping around for a South Harrow conveyancing practitioner and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’sconsent to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the estate where the property is located on an estate. Your conveyancer should appraise you on the various issues.

    Do you have any advice for leasehold conveyancing in South Harrow with the intention of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in South Harrow can be reduced where you get in touch lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold information needed by the purchasers’ conveyancers.
    • In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? South Harrow leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord consenting to such alterations. If you dont have the consents in place you should not contact the landlord without contacting your lawyer first.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be warry about purchasing a property where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is better to reveal the dispute as over as opposed to ongoing.
  • If you hold a share in a the freehold, you should make sure that you hold the original share certificate. Arranging a replacement share certificate can be a lengthy process and slows down many a South Harrow conveyancing deal. If a duplicate share certificate is required, do contact the company officers or managing agents (where applicable) for this as soon as possible.
  • You believe that you know the number of years left on your lease but you should verify this via your conveyancers. A purchaser's conveyancer will not be happy to advise their client to to exchange contracts if the lease term is less than 75 years. It is therefore essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • We have reached the end of our tether in trying to purchase the freehold in South Harrow. Can this matter be resolved via the Leasehold Valuation Tribunal?

    You certainly can. We can put you in touch with a South Harrow conveyancing firm who can help.

    An example of a Lease Extension case for a South Harrow premises is GFF 1 Holyrood Avenue in May 2014. The Tenant wished to acquire a new (extended) lease and applied to the Willesden County Court who granted a vesting order on 20* March2013. The Tribunal decied that the premium to be paid was £9,062 This case related to 1 flat. The remaining number of years on the lease was 79 years.

    Other Topics

    Lease Extensions in South Harrow