Fixed-fee leasehold conveyancing in St Pancras:

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Common questions relating to St Pancras leasehold conveyancing

My husband and I may need to sub-let our St Pancras ground floor flat temporarily due to a new job. We instructed a St Pancras conveyancing practice in 2004 but they have since shut and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?

Notwithstanding that your last St Pancras conveyancing lawyer is not around you can review your lease to see if it allows you to sublet the property. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you need to obtain consent via your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet in the absence of first obtaining permission. Such consent must not not be unreasonably turned down. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

Planning to sign contracts shortly on a leasehold property in St Pancras. Conveyancing lawyers have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

  • The total extent of the property. This will be the property itself but may incorporate a roof space or basement if applicable.
  • Will you be prohibited or prevented from having pets in the property?
  • Does the lease prevent you from renting out the flat, or having a home office for business
  • Repair and maintenance of the flat
  • Changes to the flat (alterations and additions)
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in St Pancras please enquire of your conveyancer in ahead of your conveyancing in St Pancras

  • Estate agents have just been given the go-ahead to market my garden apartment in St Pancras.Conveyancing has not commenced but I have just had a yearly maintenance charge demand – Do I pay up?

    It best that you pay the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

    I am employed by a long established estate agency in St Pancras where we have witnessed a few flat sales derailed as a result of short leases. I have received contradictory information from local St Pancras conveyancing firms. Please can you shed some light as to whether the owner of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

    Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

    An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

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

    When appointing a solicitor for your lease extension (regardless if they are a St Pancras conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non St Pancras conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:

    • How familiar is the practice with lease extension legislation?
  • What are the costs for lease extension conveyancing?

  • I have given up trying to reach an agreement for a lease extension in St Pancras. Can the Leasehold Valuation Tribunal adjudicate on premiums?

    Most definitely. We can put you in touch with a St Pancras conveyancing firm who can help.

    An example of a Lease Extension case for a St Pancras property 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 related to 1 flat. The unexpired lease term was 66.8 years.

    Other Topics

    Lease Extensions in St Pancras