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Any conveyancing solicitor can theoretically handle your leasehold conveyancing in Upper Norwood, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Frequently asked questions relating to Upper Norwood leasehold conveyancing

I am intending to sublet my leasehold flat in Upper Norwood. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Notwithstanding that your previous Upper Norwood conveyancing solicitor is no longer around you can review your lease to see if you are permitted to let out the apartment. The rule is that if the deeds are non-specific, subletting is permitted. Quite often there is a prerequisite that you are obliged to seek permission from your landlord or other appropriate person before subletting. The net result is that you cannot sublet without first obtaining permission. The consent should not be unreasonably withheld. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

Expecting to exchange soon on a leasehold property in Upper Norwood. Conveyancing lawyers assured me that they will have a report out to me on Monday. What should I be looking out for?

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

  • The total extent of the property. This will be the property itself but could also incorporate a roof space or basement if appropriate.
  • Are pets allowed in the flat?
  • Does the lease prevent you from letting out the flat, or working from home
  • You must be told what constitutes a Nuisance in the lease
  • You should have a good understanding of the insurance provisions
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Upper Norwood please ask your solicitor in advance of your conveyancing in Upper Norwood

    • I've found a house that seems to be perfect, at a reasonable price which is making it all the more appealing. I have since been informed that the title is leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Upper Norwood. Conveyancing advisers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Upper Norwood ?

    The majority of houses in Upper Norwood are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Upper Norwood in which case you should be looking for a Upper Norwood conveyancing solicitor and check that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’spermission to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is part of an estate. Your solicitor should appraise you on the various issues.

    I am a negotiator for a reputable estate agency in Upper Norwood where we have witnessed a number of leasehold sales derailed due to leases having less than 80 years remaining. I have been given conflicting advice from local Upper Norwood conveyancing firms. Could you shed some light as to whether the seller of a flat can start the lease extension formalities for the buyer?

    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 buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

    An alternative approach is 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.

    Can you provide any advice for leasehold conveyancing in Upper Norwood with the purpose of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Upper Norwood can be avoided if you appoint lawyers as soon as your agents start advertising the property and ask them to put together the leasehold information needed by the buyers conveyancers.
    • Many freeholders or managing agents in Upper Norwood levy fees for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Upper Norwood.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Upper Norwood state that internal structural changes or installing wooden flooring necessitate a licence from the Landlord consenting to such changes. If you dont have the consents in place you should not contact the landlord without checking with your conveyancer in advance.
  • If there is a history of any disputes with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as over rather than ongoing.
  • If you have the benefit of shareholding in the freehold, you should make sure that you have the original share document. Arranging a new share certificate is often a lengthy formality and frustrates many a Upper Norwood conveyancing deal. If a reissued share is required, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later.

    • I have tried to negotiate informally with with my landlord for a lease extension without any joy. Can one make an application to the Leasehold Valuation Tribunal? Can you recommend a Upper Norwood conveyancing firm to act on my behalf?

    if there is a absentee freeholder or where there is disagreement about the premium for a lease extension, under the relevant legislation you can apply to the First-tier Tribunal (Property Chamber) to calculate the sum to be paid.

    An example of a Lease Extension matter before the tribunal for a Upper Norwood premises is Flats 55, 67 & 70 Melbourne Court Anerley Road in July 2013. The tribunal calculated that the premium for the extended lease at £48,366.00 for at 55, and £88,329.00 for ats 67 and 70 combined. This case related to 1 flat. The unexpired lease term was 26.38 years.

    Other Topics

    Lease Extensions in Upper Norwood