Leasehold Conveyancing in Temple Fortune - Get a Quote from the leasehold experts approved by your lender

Get a Quote

While any conveyancing practice can theoretically deal with your leasehold conveyancing in Temple Fortune, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Frequently asked questions relating to Temple Fortune leasehold conveyancing

I am in need of some leasehold conveyancing in Temple Fortune. Before diving in I would like to find out the number of years remaining on the lease.

If the lease is recorded at the land registry - and most are in Temple Fortune - then the leasehold title will always include the basic details 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.

There are only 68 years left on my lease in Temple Fortune. I now wish to extend my lease but my freeholder is missing. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to find the freeholder. For most situations an enquiry agent would be helpful to conduct investigations and to produce an expert document which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a conveyancer in relation to proving the landlord’s disappearance and the application to the County Court covering Temple Fortune.

Looking forward to complete next month on a ground floor flat in Temple Fortune. Conveyancing lawyers have said that they report fully on Monday. Are there areas in the report that I should be focusing on?

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

  • How long the lease is You should be advised as what happens when the lease expires, and aware of the importance of the 80 year mark
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Defining your rights in relation to common areas in the block.By way of example, does the lease grant a right of way over a path or hallways?
  • Does the lease prevent you from renting out the flat, or working from home
  • You should be told what constitutes a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • 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 Temple Fortune please enquire of your conveyancer in advance of your conveyancing in Temple Fortune

    • I am looking at a two apartments in Temple Fortune which have in the region of 50 years left on the lease term. Will this present a problem?

    A lease is a legal document that entitles you to use the premises for a prescribed time frame. As the lease gets shorter the marketability of the lease decreases and results in it becoming more costly to acquire a lease extension. This is why it is often a good idea to extend the lease term. More often than not it is difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on properties of this type. Lease enfranchisement can be a protracted process. We advise that you seek professional help from a solicitor and surveyor with experience in this field

    Do you have any advice for leasehold conveyancing in Temple Fortune with the intention of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Temple Fortune can be bypassed if you get in touch lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation needed by the purchasers’ lawyers.
    • The majority landlords or managing agents in Temple Fortune levy fees 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 reducing delays. The average time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Temple Fortune.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Temple Fortune state that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord approving such changes. If you fail to have the paperwork to hand you should not contact the landlord without contacting your lawyer first.
  • Some Temple Fortune leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • You may think that you are aware of the number of years left on your lease but you should verify this by asking your solicitors. A purchaser's lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is less than 80 years. It is therefore essential at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Following months of correspondence we are unable to agree with our landlord on how much the lease extension should cost for our flat in Temple Fortune. Can we issue an application to the Residential Property Tribunal Service?

    Where there is a absentee 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 judgment on the amount due.

    An example of a Lease Extension case for a Temple Fortune residence is Flat 2 2 Netherfield Road in April 2010. The Tribunale held that premium payable for a 90 year extension to the existing Lease should be £7,705. This case was in relation to 1 flat. The the unexpired term as at the valuation date was 76 years.

    Other Topics

    Lease Extensions in Temple Fortune