St Paul's Cray leasehold conveyancing: Q and A’s
Expecting to exchange soon on a garden flat in St Paul's Cray. Conveyancing lawyers have said that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in St Paul's Cray should include some of the following:
- Defining your legal entitlements in relation to the communal areas in the block.For example, does the lease contain a right of way over a path or staircase?
I am attracted to a couple of apartments in St Paul's Cray which have about 50 years remaining on the leases. Should I regard a short lease as a deal breaker?
A lease is a right to use the premises for a prescribed time frame. As a lease gets shorter the value of the lease reduces and results in it becoming more costly to extend the lease. For this reason it is generally wise to increase the term of the lease. It is often difficulties arise selling premises with a short lease because mortgage lenders may be unwilling to lend money on such properties. Lease extension can be a protracted process. We recommend you get professional help from a solicitor and surveyor with experience in this area
I am employed by a busy estate agency in St Paul's Cray where we see a few flat sales put at risk as a result of short leases. I have received inconsistent advice from local St Paul's Cray conveyancing solicitors. Please can you shed some light as to whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.
Alternatively, it may be possible 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 purchaser.
Do you have any advice for leasehold conveyancing in St Paul's Cray from the perspective of expediting the sale process?
- A significant proportion of the frustration in leasehold conveyancing in St Paul's Cray can be avoided where you get in touch lawyers as soon as you market your property and request that they start to put together the leasehold information needed by the buyers lawyers.
- The majority freeholders or Management Companies in St Paul's Cray charge for providing management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in St Paul's Cray.
Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £500000 maisonette in St Paul's Cray next week. The management company has quoted £300 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in St Paul's Cray?
For the majority of leasehold sales in St Paul's Cray conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
- Addressing conveyancing due diligence 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
I have attempted and failed to negotiate with my landlord for a lease extension without getting anywhere. Can one apply to the Leasehold Valuation Tribunal? Can you recommend a St Paul's Cray conveyancing firm to represent me?
Most certainly. We can put you in touch with a St Paul's Cray conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a St Paul's Cray residence 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 related to 1 flat. The unexpired term was 50.57 years.