I am on look out for some leasehold conveyancing in Tower Hill. Before diving in I require certainty as to the unexpired term of the lease.

If the lease is recorded at the land registry - and most are in Tower Hill - 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.

My husband and I may need to let out our Tower Hill 1st floor flat for a while due to taking a sabbatical. We used a Tower Hill conveyancing practice in 2004 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?

The lease governs relations between the freeholder and you the leaseholder; in particular, it will set out if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Tower Hill do not prevent strict prohibition on subletting – such a provision would undoubtedly devalue the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.

Back In 2006, I bought a leasehold flat in Tower Hill. Conveyancing and Godiva Mortgages Ltd mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Tower Hill who previously acted has now retired.What should I do?

First make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. It is not necessary to instruct a Tower Hill conveyancing solicitor to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Do you have any advice for leasehold conveyancing in Tower Hill from the perspective of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Tower Hill can be avoided where you appoint lawyers the minute you market your property and ask them to put together the leasehold documentation which will be required by the buyers solicitors.
• The majority landlords or Management Companies in Tower Hill levy fees for providing management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Tower Hill.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Tower Hill leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence from the Landlord consenting to such works. If you fail to have the approvals in place do not contact the landlord without checking with your lawyer first.
• A minority of Tower 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 place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is able to meet the yearly 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 purchasers or their solicitors.
• If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share document. Arranging a re-issued share certificate is often a lengthy process and slows down many a Tower Hill home move. Where a duplicate share certificate is required, you should approach the company officers or managing agents (if applicable) for this sooner rather than later.

I have tried to negotiate informally with with my landlord to extend my lease without success. Can a leaseholder apply to the Leasehold Valuation Tribunal? Can you recommend a Tower Hill conveyancing firm to act on my behalf?

You certainly can. We are happy to put you in touch with a Tower Hill conveyancing firm who can help.

An example of a Freehold Enfranchisement matter before the tribunal for a Tower Hill residence is 1-41 Royal Tower Lodge 40 Cartwright Street in April 2013. the tribunal adding the agreed value of capitalised ground rents and the reversion the price to be paid for the freehold was £1,187,000 This case affected 41 flats. The unexpired term was 107 years.

Are there common defects that you see in leases for Tower Hill properties?

Leasehold conveyancing in Tower Hill is not unique. Most leases are unique and drafting errors can result in certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the building
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , Coventry Building Society, and Clydesdale all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the purchaser to withdraw.

I am the registered owner of a 1 bedroom flat in Tower Hill, conveyancing formalities finalised 2003. Can you work out an approximate cost of a lease extension? Equivalent flats in Tower Hill with an extended lease are worth £219,000. The average or mid-range amount of ground rent is £45 yearly. The lease comes to an end on 21st October 2092

You have 66 years left to run the likely cost is going to be between £13,300 and £15,400 plus plus your own and the landlord's "reasonable" professional fees.

The figure above a general guide to costs for renewing a lease, but we are not able to advice on a more accurate figure in the absence of detailed investigations. You should not use the figures in a Notice of Claim or as an informal offer. There may be additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action based on this information before getting professional advice.