Experts for Leasehold Conveyancing in St James's

Any conveyancing practice can theoretically deal with your leasehold conveyancing in St James's, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

St James's leasehold conveyancing: Q and A’s

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

Assuming the lease is recorded at the land registry - and almost all are in St James's - 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.

You should [be sent a copy of the lease|receive a copy of the lease]

I am hoping to complete next month on a ground floor flat in St James's. Conveyancing solicitors assured me that they are sending me a report next week. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in St James's should include some of the following:

  • The total extent of the premises. This will be the property itself but may incorporate a loft or cellar if appropriate.
  • Setting out your legal entitlements in relation to the communal areas in the block.For example, does the lease grant a right of way over an accessway or hallways?
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Whether the lease restricts you from renting out the flat, or having a home office for business
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Changes to the flat (alterations and additions)
  • What the implications are if you breach a clause of your lease?
For details of the information to be included in your report on your leasehold property in St James's please ask your conveyancer in advance of your conveyancing in St James's

Back In 2001, I bought a leasehold house in St James's. Conveyancing and Lloyds TSB Bank mortgage went though with no issue. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1995. The conveyancing solicitor in St James's who previously acted has long since retired.Any advice?

First contact HMLR to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a St James's conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am looking at a two flats in St James's which have about forty five years remaining on the leases. Should I regard a short lease as a deal breaker?

A lease is a legal document that entitles you to use the premises for a period of time. As a lease gets shorter the saleability of the lease reduces and results in it becoming 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 as mortgage companies less inclined to grant a loan on properties of this type. Lease extension can be a difficult process. We advise that you seek professional assistance from a conveyancer and surveyor with experience in this field

Can you offer any advice when it comes to finding a St James's conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a property lawyer for lease extension works (regardless if they are a St James's conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non St James's conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

  • What volume of lease extensions have they completed in St James's in the last 12 months?
  • What are the charges for lease extension conveyancing?

Notwithstanding our best efforts, we have been unsuccessful in trying to purchase the freehold in St James's. Can this matter be resolved via the Leasehold Valuation Tribunal?

Where there is a missing landlord or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to make a decision on the price.

An example of a Freehold Enfranchisement matter before the tribunal for a St James's flat is 20 Avonwick Road in July 2013. The Tribunal was dealing with an application under Section 26 of the Leasehold Reform Housing and Urban Development Act 1993 for a determination of the freehold value of the property. It was concluded that the price to be paid was Fifteen Thousand Nine Hundred and Seventy (£15,970) divided as to £8,200 for Flat 20 and £7,770 for Flat 20A This case was in relation to 1 flat. The the unexpired term as at the valuation date was 73.26 years.

St James's Leasehold Conveyancing - Sample of Queries Prior to Purchasing

    Best to be warned if redecorating or some other significant cost is anticipated that will be shared between the leasehold owners and could well dramatically impact the level of the maintenance costs or necessitate a specific invoice.