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Frequently asked questions relating to Stanford Le Hope leasehold conveyancing

My partner and I may need to sub-let our Stanford Le Hope ground floor flat temporarily due to a career opportunity. We used a Stanford Le Hope conveyancing firm in 2001 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Stanford Le Hope conveyancing solicitor is no longer available you can review your lease to check if it allows you to sublet the apartment. The rule is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you must seek consent from your landlord or some other party in advance of subletting. This means that you cannot sublet without prior consent. The consent should not be unreasonably withheld. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.

Due to complete next month on a basement flat in Stanford Le Hope. Conveyancing solicitors have said that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Stanford Le Hope should include some of the following:

  • How long the lease is You should be advised as what happens when the lease ends, and informed of the importance of the 80 year mark
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • You should have a good understanding of the insurance provisions
  • Repair and maintenance of the flat
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Stanford Le Hope please enquire of your solicitor in advance of your conveyancing in Stanford Le Hope

    • Back In 2000, I bought a leasehold flat in Stanford Le Hope. Conveyancing and Birmingham Midshires mortgage organised. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Stanford Le Hope who previously acted has long since retired.What should I do?

    First contact HMLR to be sure that this person is indeed the new freeholder. It is not necessary to instruct a Stanford Le Hope conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. You should note 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.

    I am a negotiator for a busy estate agent office in Stanford Le Hope where we see a number of leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have been given contradictory information from local Stanford Le Hope conveyancing solicitors. Could you shed some light as to whether the seller of a flat can instigate the lease extension formalities for the buyer?

    Provided that the seller has been the owner 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 buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as 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 buyer.

    Do you have any advice for leasehold conveyancing in Stanford Le Hope with the aim of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Stanford Le Hope can be reduced where you appoint lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the purchasers’ conveyancers.
    • If you have carried out any alterations to the premises would they have required Landlord’s permission? Have you, for example installed wooden flooring? Stanford Le Hope leases often stipulate that internal structural changes or addition of wooden flooring require a licence from the Landlord approving such works. Should you fail to have the consents to hand you should not contact the landlord without checking with your solicitor in the first instance.
  • A minority of Stanford Le Hope leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are able to meet the annual 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 essential that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be concerned about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to pay 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 prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to reveal the dispute as historic rather than unresolved.
  • If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share document. Arranging a re-issued share certificate is often a lengthy formality and delays many a Stanford Le Hope conveyancing deal. If a reissued share certificate is required, you should approach the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.

    • I purchased a split level flat in Stanford Le Hope, conveyancing formalities finalised in 2010. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable properties in Stanford Le Hope with a long lease are worth £212,000. The average or mid-range amount of ground rent is £60 levied per year. The lease expires on 21st October 2098

    With just 72 years unexpired the likely cost is going to span between £11,400 and £13,200 plus costs.

    The suggested premium range above a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure in the absence of comprehensive investigations. Do not use the figures in tribunal or court proceedings. There may be other issues that need to be considered and clearly you should be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information without first seeking the advice of a professional.

    Other Topics

    Lease Extensions in Stanford Le Hope