Leasehold Conveyancing in Stamford Hill - Get a Quote from the leasehold experts approved by your lender

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When it comes to leasehold conveyancing in Stamford Hill, you will need to appoint a conveyancing solicitor with leasehold experience. Whether your lender is to be Santander, Birmingham Midshires or Bradford & Bingley be sure to choose a lawyer on their approved list. Feel free to use our search tool

Sample questions relating to Stamford Hill leasehold conveyancing

I would like to let out my leasehold flat in Stamford Hill. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

The lease dictates relations between the landlord and you the leaseholder; in particular, it will say if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Stamford Hill do not contain subletting altogether – such a clause would adversely affect the market value the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

Expecting to complete next month on a garden flat in Stamford Hill. Conveyancing solicitors have said that they are sending me a report on Monday. What should I be looking out for?

Your report on title for your leasehold conveyancing in Stamford Hill should include some of the following:

  • The total extent of the demise. This will be the property itself but might include a loft or cellar if applicable.
  • Setting out your legal entitlements in respect of the communal areas in the building.By way of example, does the lease grant a right of way over an accessway or staircase?
  • Does the lease prohibit wood flooring?
  • 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)
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Stamford Hill please enquire of your lawyer in advance of your conveyancing in Stamford Hill

    • I today plan to offer on a house that appears to be perfect, at a reasonable price which is making it all the more appealing. I have just found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Stamford Hill. Conveyancing solicitors have are soon to be instructed. Will they explain the issues?

    The majority of houses in Stamford Hill are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Stamford Hill so you should seriously consider looking for a Stamford Hill conveyancing solicitor and be sure that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’spermission to conduct alterations. It may be necessary to pay a service charge towards the upkeep of the communal areas where the house is located on an estate. Your conveyancer will appraise you on the various issues.

    I am a negotiator for a busy estate agency in Stamford Hill where we have experienced a number of leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have been given contradictory information from local Stamford Hill conveyancing firms. Can you clarify whether the owner of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

    As long as the seller has been the owner 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. This means 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 has to be done before, or simultaneously with completion of the sale.

    Alternatively, it may be possible to agree the lease extension with the freeholder 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 provide any top tips for leasehold conveyancing in Stamford Hill from the point of view of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Stamford Hill can be reduced if you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the buyers solicitors.
    • If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Stamford Hill state that internal structural changes or installing wooden flooring require a licence from the Landlord acquiescing to such changes. Should you fail to have the paperwork in place do not contact the landlord without contacting your solicitor before hand.
  • Some Stamford Hill leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • If you have had conflict with your landlord or managing agents it is very important that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over rather than unresolved.
  • If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share certificate. Organising a duplicate share certificate can be a lengthy process and slows down many a Stamford Hill home move. Where a reissued share certificate is needed, do contact the company officers or managing agents (where relevant) for this at the earliest opportunity.

    • We have reached the end of our tether in trying to reach an agreement for a lease extension in Stamford Hill. Can this matter be resolved via the Leasehold Valuation Tribunal?

    if there is a missing landlord or where there is disagreement 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 First-tier Tribunal (Property Chamber) to assess the premium.

    An example of a Lease Extension matter before the tribunal for a Stamford Hill property is Flat 25, Stamford Hill Mansions Stamford Hill in April 2010. The Tribunal therefore determined that the premium to be paid by the lessee to the freeholder for the extension of the lease should be £28,984.00 This case related to 1 flat. The remaining number of years on the lease was 59 years.

    Other Topics

    Lease Extensions in Stamford Hill