Fixed-fee leasehold conveyancing in Sydenham Hill:

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Sydenham Hill leasehold conveyancing: Q and A’s

Having had my offer accepted I require leasehold conveyancing in Sydenham Hill. Before diving in I require certainty as to the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and almost all are in Sydenham Hill - 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.

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

Your lease governs the relationship between the freeholder and you the leaseholder; specifically, it will say if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Sydenham Hill do not prevent strict prohibition on subletting – such a clause would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

Expecting to complete next month on a studio apartment in Sydenham Hill. Conveyancing lawyers inform me that they will have a report out to me within the next couple of days. What should I be looking out for?

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

  • The unexpired lease term You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark
  • Defining your rights in relation to the communal areas in the block.For instance, does the lease permit a right of way over a path or hallways?
  • Whether the lease restricts you from renting out the flat, or working from home
  • Whether your lease has a provision for a sinking fund?
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • 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. For a comprehensive list of information to be included in your report on your leasehold property in Sydenham Hill please enquire of your solicitor in ahead of your conveyancing in Sydenham Hill

    • Can you provide any advice for leasehold conveyancing in Sydenham Hill from the perspective of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Sydenham Hill can be avoided where you appoint lawyers the minute you market your property and request that they start to collate the leasehold documentation which will be required by the buyers lawyers.
    • The majority landlords or managing agents in Sydenham Hill levy fees for supplying management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for 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 frequent reason for delay in leasehold conveyancing in Sydenham Hill.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Sydenham Hill leases often stipulate that internal structural alterations or laying down wooden flooring require a licence from the Landlord consenting to such alterations. Where you dont have the approvals in place you should not communicate with the landlord without contacting your lawyer before hand.
  • If you have the benefit of shareholding in the freehold, you should make sure that you have the original share document. Obtaining a duplicate share certificate is often a lengthy process and frustrates many a Sydenham Hill home move. If a reissued share is needed, do contact the company officers or managing agents (where applicable) for this as soon as possible.
  • You believe that you know the number of years left on your lease but you should verify this via your lawyers. A purchaser's conveyancer will not be happy to advise their client to to exchange contracts if the remaining number of years is below 80 years. It is therefore important at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • All being well we will complete our sale of a £425000 apartment in Sydenham Hill in 10 days. The landlords agents has quoted £324 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Sydenham Hill?

    Sydenham Hill conveyancing on leasehold maisonettes normally requires the buyer’s conveyancer submitting questions for the landlord to address. Although the landlord is not legally bound to respond to these enquiries most will be content to do so. They may charge a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some situations it is above £800. The administration charge demanded by the landlord must be sent together with a summary of rights and obligations in relation to administration fees, otherwise the charge is technically not due. In reality one has no choice but to pay whatever is requested of you if you want to exchange contracts with the buyer.

    Following months of correspondence we cannot agree with our landlord on how much the lease extension should cost for our flat in Sydenham Hill. Can we issue an application to the Residential Property Tribunal Service?

    Absolutely. We can put you in touch with a Sydenham Hill conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a Sydenham Hill flat is Flat 1 4 Border Crescent in March 2012. the Tribunal decided that the sum payable by the Applicants to the Respondent in respect of the new lease for the subject property should be £11,616.00 (ElevenThousand and Six Hundred and Sixteen Pounds) This case was in relation to 1 flat. The unexpired term was 72.04 years.