Recently asked questions relating to South West London leasehold conveyancing
I am in need of some leasehold conveyancing in South West London. Before diving in I would like to find out the unexpired term of the lease.
If the lease is registered - and most are in South West London - then the leasehold title will always include the short particulars 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.
Harry (my fiance) and I may need to rent out our South West London basement flat temporarily due to a career opportunity. We used a South West London conveyancing firm in 2004 but they have closed and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?
Even though your previous South West London conveyancing solicitor is no longer available you can review your lease to see if it allows you to sublet the apartment. The accepted inference is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to seek permission from your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. The consent must not not be unreasonably withheld. If your lease prohibits you from subletting the property you should ask your landlord for their consent.
I have recently realised that I have Seventy years remaining on my lease in South West London. I need to extend my lease but my landlord is absent. What are my options?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to track down the lessor. In some cases a specialist should be helpful to try and locate and to produce a report which can be accepted by the court 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 absence and the application to the County Court overseeing South West London.
I am attracted to a couple of maisonettes in South West London both have in the region of 50 years unexpired on the lease term. Should I regard a short lease as a deal breaker?
There are plenty of short leases in South West London. The lease is a right to use the property for a prescribed time frame. As the lease shortens the value of the lease decreases and results in it becoming more expensive to acquire a lease extension. This is why it is advisable to increase the term of the lease. It is often difficult to sell a property with a short lease as mortgage companies less inclined to grant a loan on such properties. Lease extension can be a protracted process. We advise that you seek professional assistance from a solicitor and surveyor with experience in this arena
What advice can you give us when it comes to choosing a South West London conveyancing practice to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a South West London conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non South West London conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:
- How familiar is the firm with lease extension legislation?
- Can they put you in touch with client in South West London who can give a testimonial?
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 South West London conveyancing firm to assist?
Absolutely. We are happy to put you in touch with a South West London conveyancing firm who can help.
An example of a Freehold Enfranchisement decision for a South West London residence is 78 & 80 Newport Road in January 2013. the Tribunal concluded that the premium to be paid by the leaseholder in respect of the freehold reversion is £23,105 This case was in relation to 2 flats. The unexpired term was 71.63 years.
I invested in buying a basement flat in South West London, conveyancing formalities finalised half a dozen years ago. How much will my lease extension cost? Corresponding properties in South West London with a long lease are worth £202,000. The ground rent is £60 invoiced annually. The lease expires on 21st October 2094
You have 68 years unexpired we estimate the price of your lease extension to be between £13,300 and £15,400 as well as costs.
The figure above a general guide to costs for renewing a lease, but we are not able to provide the actual costs without more comprehensive due diligence. You should not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be taken into account and you obviously should be as accurate as possible in your negotiations. You should not move forward based on this information without first seeking the advice of a professional.