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Frequently asked questions relating to White City leasehold conveyancing

My husband and I may need to let out our White City 1st floor flat temporarily due to a career opportunity. We instructed a White City conveyancing practice in 2002 but they have since shut and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

Even though your last White City conveyancing solicitor is no longer around you can check your lease to check if it allows you to sublet the property. The accepted inference is that if the lease is silent, subletting is permitted. There may be a precondition that you must seek permission via your landlord or some other party prior to subletting. This means you not allowed to sublet without prior consent. Such consent should not be unreasonably withheld. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

I today plan to offer on a house that appears to meet my requirements, at a great figure which is making it all the more appealing. I have just discovered that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in White City. Conveyancing advisers have not yet been appointed. Will they explain the issues?

The majority of houses in White City are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in White City so you should seriously consider looking for a White City conveyancing practitioner and be sure that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the landlord’spermission to carry out alterations. It may be necessary to pay a contribution towards the maintenance of the communal areas where the property is located on an estate. Your solicitor will appraise you on the various issues.

My wife and I purchased a leasehold house in White City. Conveyancing and The Royal Bank of Scotland mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in White City who acted for me is not around.Any advice?

First make enquiries of HMLR to be sure that this person is indeed the new freeholder. You do not need to incur the fees of a White City conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am employed by a reputable estate agency in White City where we have witnessed a number of flat sales derailed due to short leases. I have received conflicting advice from local White City conveyancing firms. Please can you clarify whether the vendor of a flat can start the lease extension formalities for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.

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.

Do you have any top tips for leasehold conveyancing in White City with the intention of expediting the sale process?

  • Much of the delay in leasehold conveyancing in White City can be bypassed if you instruct lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the buyers representatives.
  • The majority landlords or Management Companies in White City charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in White City.
  • Some White City leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If you have had conflict with your freeholder or managing agents it is very important 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 an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to reveal the dispute as over as opposed to unsettled.
  • If you hold a share in a the Management Company, you should ensure that you hold the original share document. Organising a duplicate share certificate is often a time consuming formality and frustrates many a White City home move. If a duplicate share is necessary, do contact the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.

    • I am the registered owner of a two-bedroom flat in White City. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal make a decision on the premium due for a lease extension?

    Absolutely. We can put you in touch with a White City conveyancing firm who can help.

    An example of a Freehold Enfranchisement matter before the tribunal for a White City residence is 23 & 23A Collingbourne Road in June 2013. Tribunal was dealing with the assessment of the value of the freehold reversion and determination of the terms of the acquisition pursuant to an Order of District Judge Lightman dated 25 February 2013 vesting the freehold interest in the property in the applicant. The tribunal assessed the price of the freehold (to which any arrears or other sums due to the missing landlord under the leases should be added) at £81,638. This case was in relation to 2 flats. The the unexpired term as at the valuation date was 64.5 years.