Top Five Questions relating to Wormwood Scrubs leasehold conveyancing
I am in need of some leasehold conveyancing in Wormwood Scrubs. Before I get started I require certainty as to the unexpired term of the lease.
If the lease is registered - and most are in Wormwood Scrubs - 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.
Due to sign contracts shortly on a basement flat in Wormwood Scrubs. Conveyancing solicitors have said that they will have a report out to me next week. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Wormwood Scrubs should include some of the following:
- The physical extent of the premises. This will be the property itself but might include a loft or basement if appropriate.
I am looking at a couple of flats in Wormwood Scrubs both have about fifty years left on the lease term. Will this present a problem?
There are plenty of short leases in Wormwood Scrubs. The lease is a legal document that entitles you to use the property for a period of time. As a lease shortens the value of the lease reduces and results in it becoming more costly to acquire a lease extension. For this reason it is often a good idea to extend the lease term. Sometimes it is difficult to sell a property with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We recommend you seek professional help from a solicitor and surveyor with experience in this area
I am employed by a busy estate agency in Wormwood Scrubs where we have experienced a few flat sales jeopardised due to leases having less than 80 years remaining. I have been given inconsistent advice from local Wormwood Scrubs conveyancing solicitors. Please can you confirm whether the seller of a flat can instigate 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 can avoid having 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 before, or simultaneously with completion of the sale.
Alternatively, it may be possible 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 buyer.
Can you offer any advice when it comes to finding a Wormwood Scrubs conveyancing practice to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Wormwood Scrubs conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Wormwood Scrubs conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:
- How experienced is the practice with lease extension legislation?
After years of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Wormwood Scrubs. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Most certainly. We are happy to put you in touch with a Wormwood Scrubs conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Wormwood Scrubs 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 affected 2 flats. The the unexpired term as at the valuation date was 64.5 years.