Recently asked questions relating to South Harrow leasehold conveyancing
Due to complete next month on a leasehold property in South Harrow. Conveyancing solicitors have said that they report fully next week. 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:
- Setting out your rights in relation to common areas in the building.For instance, does the lease permit a right of way over an accessway or staircase?
- Will you be prohibited or prevented from having pets in the property?
- 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 your lease has a provision for a reserve fund?
- I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
- 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.
- Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
I am attracted to a two flats in South Harrow both have about fifty years unexpired on the lease term. Should I regard a short lease as a deal breaker?
There are plenty of short leases in South Harrow. The lease is a right to use the property for a period of time. As the lease shortens the marketability of the lease reduces and it becomes more expensive to extend the lease. This is why it is advisable to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease because mortgage lenders may be reluctant to lend money on such properties. Lease enfranchisement can be a protracted process. We recommend you get professional help from a solicitor and surveyor with experience in this area
Can you offer any advice when it comes to appointing a South Harrow conveyancing practice to carry out our lease extension conveyancing?
When appointing a property lawyer for your lease extension (regardless if they are a South Harrow conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with two or three firms including non South Harrow conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:
- If the firm is not ALEP accredited then what is the reason?
- What are the costs for lease extension conveyancing?
Can you provide any advice for leasehold conveyancing in South Harrow from the perspective of expediting the sale process?
- Much of the frustration in leasehold conveyancing in South Harrow can be reduced if you instruct lawyers the minute your agents start marketing the property and request that they start to collate the leasehold documentation which will be required by the buyers conveyancers.
- The majority landlords or Management Companies in South Harrow levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in South Harrow.
- If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in South Harrow state that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord approving such changes. Should you fail to have the consents in place do not communicate with the landlord without checking with your solicitor first.
- If you have had conflict with your freeholder or managing agents it is essential that these are resolved before the property is put on the market. The buyers and their solicitors will be concerned about purchasing a flat where a dispute is unresolved. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic as opposed to ongoing.
- If you hold a share in a the freehold, you should ensure that you have the original share document. Obtaining a replacement share certificate can be a time consuming formality and slows down many a South Harrow conveyancing deal. If a duplicate share certificate is necessary, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible.
If all goes to plan we aim to complete the sale of our £ 375000 maisonette in South Harrow in just under a week. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in South Harrow?
South Harrow conveyancing on leasehold flats typically results in administration charges raised by managing agents :
- Answering pre-contract questions
- Where consent is required before sale in South Harrow
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
I am the registered owner of a two-bedroom flat in South Harrow. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal make a decision on the amount payable for a lease extension?
Absolutely. We are happy to put you in touch with a South Harrow conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal 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 the unexpired term as at the valuation date was 79 years.
South Harrow Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing
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Does the lease have onerous restrictions?