Experts for Leasehold Conveyancing in West Smithfield

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When it comes to leasehold conveyancing in West Smithfield, you will need to instruct a conveyancing practitioner with leasehold experience. Whether your mortgage company is to be Halifax, RBS or NatWest make sure you find a lawyer on their panel. Find a West Smithfield conveyancing lawyer with our search tool

West Smithfield leasehold conveyancing Example Support Desk Enquiries

Having had my offer accepted I require leasehold conveyancing in West Smithfield. Before I get started I require certainty as to the number of years remaining on the lease.

Assuming the lease is registered - and most are in West Smithfield - 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 garden flat in West Smithfield. Conveyancing solicitors assured me that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in West Smithfield should include some of the following:

  • You should receive a copy of the lease
  • Does the lease prevent you from renting out the property, or working from home
  • 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
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • Responsibility for repairing the window frames For details of the information to be contained in your report on your leasehold property in West Smithfield please enquire of your lawyer in ahead of your conveyancing in West Smithfield

    • I have just appointed agents to market my garden apartment in West Smithfield.Conveyancing lawyers have not yet been instructed but I have just had a yearly maintenance charge demand – should I leave it to the buyer to sort out?

    It best that you clear the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

    My wife and I purchased a leasehold house in West Smithfield. Conveyancing and Nationwide Building Society mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in West Smithfield who previously acted has long since retired.Do I pay?

    The first thing you should do is make enquiries of the Land Registry to make sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a West Smithfield conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Do you have any advice for leasehold conveyancing in West Smithfield from the perspective of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in West Smithfield can be reduced if you appoint lawyers the minute your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the buyers lawyers.
    • Many freeholders or Management Companies in West Smithfield charge for supplying management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in West Smithfield.
  • If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you laid down wooden flooring? West Smithfield leases often stipulate that internal structural changes or installing wooden flooring require a licence issued by the Landlord acquiescing to such alterations. If you fail to have the consents in place do not communicate with the landlord without checking with your conveyancer first.
  • A minority of West Smithfield 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 obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are able to meet 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you are holding the original share certificate. Obtaining a new share certificate can be a lengthy process and slows down many a West Smithfield home move. Where a new share is necessary, do contact the company officers or managing agents (if relevant) for this at the earliest opportunity.

    • I have attempted and failed to negotiate with my landlord to extend my lease without any joy. Can I make an application to the Leasehold Valuation Tribunal? Can you recommend a West Smithfield conveyancing firm to represent me?

    Absolutely. We can put you in touch with a West Smithfield conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a West Smithfield premises is Flat 89 Trinity Court Grays Inn Road in February 2013. the Tribunal found that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 should be £36,229. This case affected 1 flat. The remaining number of years on the lease was 66.8 years.

    Other Topics

    Lease Extensions in West Smithfield