I am hoping to put an offer on a small detached house that seems to be perfect, at a great figure which is making it more attractive. I have since been informed that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a leasehold house in South Ruislip. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in South Ruislip ?

Most houses in South Ruislip are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are buying in South Ruislip in which case you should be shopping around for a South Ruislip conveyancing practitioner and be sure that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as obtaining the landlord’sconsent to conduct changes to the property. You may also be required to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your lawyer should advise you fully on all the issues.

I am attracted to a couple of apartments in South Ruislip which have about 50 years unexpired on the lease term. should I be concerned?

A lease is a legal document that entitles you to use the property for a prescribed time frame. As the lease shortens the saleability of the lease decreases and results in it becoming more costly to extend the lease. For this reason it is advisable to extend the lease term. It is often difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on properties of this type. Lease extension can be a protracted process. We recommend you get professional assistance from a solicitor and surveyor with experience in this field

Do you have any advice for leasehold conveyancing in South Ruislip from the perspective of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in South Ruislip can be bypassed where you instruct lawyers the minute your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the buyers lawyers.
• In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in South Ruislip state that internal structural changes or installing wooden flooring require a licence issued by the Landlord acquiescing to such changes. If you fail to have the consents in place you should not communicate with the landlord without checking with your conveyancer before hand.

Some South Ruislip leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet 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 service charge figures so that they can pass this information on to the buyers or their solicitors.

If you hold a share in a the Management Company, you should ensure that you are holding the original share document. Organising a duplicate share certificate can be a lengthy process and slows down many a South Ruislip home move. Where a reissued share certificate is necessary, do contact the company director and secretary or managing agents (where applicable) for this sooner rather than later.

You believe that you know the number of years left on your lease but it would be wise to double-check by asking your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is under 80 years. It is therefore important at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

All being well we will complete our sale of a £475000 maisonette in South Ruislip next week. The landlords agents has quoted £384 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in South Ruislip?

South Ruislip conveyancing on leasehold maisonettes nine out of ten times results in administration charges raised by managing agents :

• Answering pre-exchange questions
• Where consent is required before sale in South Ruislip
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for South Ruislip leasehold premises is £350. For South Ruislip conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide the information.

Having spent months of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in South Ruislip. Can we issue an application to the Residential Property Tribunal Service?

Absolutely. We can put you in touch with a South Ruislip conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a South Ruislip residence is Flat 72 Queens Walk in January 2013. The Tribunals calculated the premium payable to be £22,090. This case was in relation to 1 flat. The unexpired term was 53.26 years.

In relation to leasehold conveyancing in South Ruislip what are the most frequent lease defects?

There is nothing unique about leasehold conveyancing in South Ruislip. Most leases are individual and drafting errors can result in certain provisions are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the building
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You will have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Nationwide Building Society, Virgin Money, 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 problematic they may refuse to provide security, forcing the buyer to pull out.

Other Topics

Lease Extensions in South Ruislip