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When it comes to leasehold conveyancing in Swanscombe, you will need to chose a conveyancing solicitor with leasehold experience. Whether your lender is to be Santander, Yorkshire Building Society or Nationwide be sure to find a lawyer on their panel. Find a Swanscombe conveyancing lawyer with our search tool

Examples of recent questions relating to leasehold conveyancing in Swanscombe

I would like to rent out my leasehold apartment in Swanscombe. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

A lease governs the relationship between the freeholder and you the leaseholder; in particular, it will set out if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. The majority of leases in Swanscombe do not prevent an absolute prevention of subletting – such a clause would undoubtedly devalue the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

I've found a house that seems to meet my requirements, at a great price which is making it more attractive. I have since discovered that it's a leasehold rather than freehold. I would have thought that there are issues buying a house with a leasehold title in Swanscombe. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Swanscombe ?

The majority of houses in Swanscombe are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Swanscombe so you should seriously consider looking for a Swanscombe conveyancing solicitor and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’sconsent to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the estate where the property is located on an estate. Your conveyancer will appraise you on the various issues.

My wife and I purchased a leasehold house in Swanscombe. Conveyancing and Barclays mortgage organised. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1995. The conveyancing solicitor in Swanscombe who acted for me is not around.Any advice?

The first thing you should do is make enquiries of the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to incur the fees of a Swanscombe conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. 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.

Do you have any advice for leasehold conveyancing in Swanscombe with the purpose of speeding up the sale process?

  • Much of the delay in leasehold conveyancing in Swanscombe can be bypassed where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the buyers lawyers.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Swanscombe leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence from the Landlord approving such works. If you dont have the consents to hand you should not contact the landlord without contacting your lawyer first.
  • Some Swanscombe leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • If there is a history of any disputes with your landlord or managing agents it is essential that these are settled before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may have to bite the bullet and 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 ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic as opposed to unresolved.
  • If you hold a share in a the freehold, you should ensure that you hold the original share certificate. Arranging a re-issued share certificate can be a time consuming formality and frustrates many a Swanscombe home move. Where a duplicate share certificate is needed, do contact the company director and secretary or managing agents (where relevant) for this as soon as possible.

    • Following years of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Swanscombe. Can we issue an application to the Residential Property Tribunal Service?

    Most certainly. We can put you in touch with a Swanscombe conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a Swanscombe premises is Various @ Colombus Square in January 2012. the Tribunal calculated the premiums to be paid for new leases for each of the flats in Mariners Walk to be £3822 and the premium to be paid for the new lease of 2 Knights Court to be £4439. This case related to 13 flats. The unexpired lease term was 76 years.

    What makes a Swanscombe lease unmortgageable?

    Leasehold conveyancing in Swanscombe is not unique. Most leases are individual and drafting errors can sometimes mean that certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain parts of the premises
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You will have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Halifax, Leeds Building Society, and Platform Home Loans Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to withdraw.

    Other Topics

    Lease Extensions in Swanscombe