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West Green leasehold conveyancing: Q and A’s

Having checked my lease I have discovered that there are only 68 years unexpired on my flat in West Green. I now wish to get lease extension but my landlord is absent. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to prove that you have done all that could be expected to track down the lessor. For most situations an enquiry agent may be helpful to conduct investigations and prepare a report which can be used as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s disappearance and the application to the County Court covering West Green.

Looking forward to complete next month on a leasehold property in West Green. Conveyancing solicitors inform me that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?

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

  • You should be sent a copy of the lease
  • The physical extent of the demise. This will be the apartment itself but might incorporate a roof space or basement if appropriate.
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Whether your lease has a provision for a reserve fund?
  • What options are open to you if a neighbour breach a clause of their lease?
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in West Green please enquire of your conveyancer in ahead of your conveyancing in West Green

    • My wife and I purchased a leasehold house in West Green. Conveyancing and Barclays mortgage organised. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in West Green who previously acted has now retired.What should I do?

    The first thing you should do is make enquiries of HMLR to make sure that this person is in fact the new freeholder. There is no need to instruct a West Green conveyancing firm to do this as it can be done on-line for a few pound. Rest assured that regardless, 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 top tips for leasehold conveyancing in West Green with the intention of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in West Green can be avoided where you appoint lawyers as soon as you market your property and request that they start to put together the leasehold information needed by the buyers conveyancers.
    • Many landlords or managing agents in West Green levy fees for providing management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in West Green.
  • If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in West Green state that internal structural changes or laying down wooden flooring calls for a licence from the Landlord acquiescing to such alterations. Where you dont have the consents to hand you should not contact the landlord without checking with your lawyer first.
  • If you hold a share in a the freehold, you should make sure that you are holding the original share document. Organising a new share certificate is often a lengthy formality and delays many a West Green conveyancing deal. Where a new share is necessary, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.
  • You believe that you know the number of years left on your lease but you should double-check via your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to where the lease term is below 80 years. In the circumstances it is important at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • I have attempted and failed to negotiate with my landlord for a lease extension without success. Can one make an application to the Leasehold Valuation Tribunal? Can you recommend a West Green conveyancing firm to assist?

    Absolutely. We can put you in touch with a West Green conveyancing firm who can help.

    An example of a Freehold Enfranchisement matter before the tribunal for a West Green residence is 61 Clinton Road in April 2012. Following a vesting order Clerkenwell and Shoreditch County Court under section 26 of the Leasehold Reform,Housing and Urban Development Act 1993 on 5th July 2011 the Tribunal decided that the price that the Applicant for the freehold interest should pay is £17,000 This case related to 2 flats. The unexpired lease term was 73.88 years.

    What makes a West Green lease unmortgageable?

    Leasehold conveyancing in West Green is not unique. All leases are individual and drafting errors can result in certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain elements of the premises
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You will encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Barnsley Building Society, and Britannia all have very detailed conveyancing instructions 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 buyer to pull out.