Fixed-fee leasehold conveyancing in St Paul's Cray:

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Recently asked questions relating to St Paul's Cray leasehold conveyancing

My partner and I may need to sub-let our St Paul's Cray garden flat for a while due to taking a sabbatical. We instructed a St Paul's Cray conveyancing firm in 2001 but they have since shut and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your last St Paul's Cray conveyancing solicitor is not around you can check your lease to see if you are permitted to let out the premises. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you must seek permission from your landlord or some other party prior to subletting. The net result is you not allowed to sublet without first obtaining permission. The consent must not not be unreasonably withheld. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.

Looking forward to sign contracts shortly on a basement flat in St Paul's Cray. Conveyancing solicitors inform me that they are sending me a report within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in St Paul's Cray should include some of the following:

  • You should receive a copy of the lease
  • How long the lease is You should be advised as what happens when the lease ends, and aware of the importance of not letting the lease term falling below eighty years
  • 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
  • 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.
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in St Paul's Cray please ask your lawyer in ahead of your conveyancing in St Paul's Cray

  • I today plan to offer on a house that appears to meet my requirements, at a reasonable price which is making it more attractive. I have subsequently discovered that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns buying a leasehold house in St Paul's Cray. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in St Paul's Cray ?

    Most houses in St Paul's Cray are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in St Paul's Cray so you should seriously consider looking for a St Paul's Cray conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as requiring the landlord’sconsent to conduct changes to the property. You may also be required to pay a contribution towards the upkeep of the estate where the house is part of an estate. Your conveyancer will advise you fully on all the issues.

    Can you provide any top tips for leasehold conveyancing in St Paul's Cray from the point of view of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in St Paul's Cray can be reduced where you instruct lawyers as soon as you market your property and request that they start to put together the leasehold information which will be required by the buyers lawyers.
    • Many landlords or managing agents in St Paul's Cray charge for providing management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in St Paul's Cray.
  • If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example installed wooden flooring? St Paul's Cray leases often stipulate that internal structural changes or installing wooden flooring require a licence from the Landlord approving such alterations. Should you dont have the consents in place you should not communicate with the landlord without checking with your lawyer before hand.
  • If there is a history of conflict with your landlord or managing agents it is essential that these are settled before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and pay 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 unsettled.
  • If you are supposed to have a share in the freehold, you should ensure that you are holding the original share certificate. Obtaining a re-issued share certificate is often a lengthy formality and delays many a St Paul's Cray home move. Where a reissued share certificate is required, you should approach the company director and secretary or managing agents (where relevant) for this as soon as possible.

  • If all goes to plan we aim to complete the sale of our £350000 flat in St Paul's Cray in 8 days. The management company has quoted £348 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in St Paul's Cray?

    St Paul's Cray conveyancing on leasehold maisonettes usually involves fees being levied by landlords agents :

    • Completing pre-contract enquiries
    • Where consent is required before sale in St Paul's Cray
    • Supplying insurance information
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your lawyer will have no control over the level of the charges for this information but the average costs for the information for St Paul's Cray leasehold premises is £350. For St Paul's Cray 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 supply the information.

    I am the proprietor of a first floor flat in St Paul's Cray. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the amount due for the purchase of the freehold?

    in cases where there is a missing freeholder or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to arrive at the sum to be paid.

    An example of a Lease Extension decision for a St Paul's Cray premises is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case was in relation to 1 flat. The remaining number of years on the lease was 50.57 years.