I am in need of some leasehold conveyancing in St Giles. Before diving in I want to be sure as to the unexpired term of the lease.

If the lease is registered - and 99.9% are in St Giles - then the leasehold title will always include the short particulars 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 own a leasehold house in St Giles. Conveyancing and Clydesdale mortgage organised. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in St Giles who previously acted has long since retired.Do I pay?

First contact the Land Registry to make sure that this person is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a St Giles conveyancing firm to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Can you offer any advice when it comes to finding a St Giles conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for your lease extension (regardless if they are a St Giles conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non St Giles conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

• If they are not ALEP accredited then what is the reason?
• Can they put you in touch with client in St Giles who can give a testimonial?

Can you provide any top tips for leasehold conveyancing in St Giles from the perspective of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in St Giles can be avoided where you appoint lawyers the minute your agents start advertising the property and ask them to collate the leasehold information which will be required by the buyers conveyancers.
• Many freeholders or managing agents in St Giles charge 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 on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common cause of frustration in leasehold conveyancing in St Giles.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? St Giles leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord consenting to such alterations. Should you dont have the approvals to hand do not contact the landlord without contacting your lawyer before hand.
• If there is a history of any disputes with your landlord or managing agents it is essential that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You will have to accept that you will have to 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 prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to reveal the dispute as over rather than unsettled.
• 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 can be a time consuming process and frustrates many a St Giles home move. Where a duplicate share is required, you should approach the company officers or managing agents (if relevant) for this as soon as possible.

After months of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in St Giles. Can we issue an application to the Residential Property Tribunal Service?

Most certainly. We are happy to put you in touch with a St Giles conveyancing firm who can help.

An example of a Lease Extension decision for a St Giles residence is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case was in relation to 1 flat. The unexpired term was 66.8 years.

What makes a St Giles lease defective?

Leasehold conveyancing in St Giles is not unique. Most leases are unique and legal mistakes in the legal wording can result in certain clauses are missing. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the property
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You will encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Norwich and Peterborough Building Society, and Aldermore all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, forcing the buyer to withdraw.

St Giles Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing

Please note if it is fewer than 80 years it will have adverse implications on the value of the apartment. It is worth checking with your mortgage company that they are happy with remaining years on the lease. A short lease means that you will probably need a lease extension at some point and you need to have some idea of how much this will be. Remember, in most cases you will need to own the property for a couple of years in order to be entitled to extend the lease.