Leasehold Conveyancing in West Smithfield - Get a Quote from the leasehold experts approved by your lender

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When it comes to leasehold conveyancing in West Smithfield, you will need to appoint a conveyancing practitioner with leasehold experience. Whether your mortgage company is to be Lloyds, Birmingham Midshires or Nationwide make sure you choose a lawyer on their approved list. Find a West Smithfield conveyancing lawyer with our search tool

Common questions relating to West Smithfield leasehold conveyancing

My wife and I may need to sub-let our West Smithfield 1st floor flat temporarily due to a career opportunity. We used a West Smithfield conveyancing firm in 2003 but they have since shut and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

The lease governs relations between the landlord and you the flat owner; specifically, it will indicate if subletting is banned, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in West Smithfield do not prevent strict prohibition on subletting – such a provision would adversely affect the market value the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.

Looking forward to complete next month on a studio apartment in West Smithfield. Conveyancing solicitors inform me that they are sending me a report 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:

  • The physical extent of the demise. This will be the property itself but could also include a roof space or basement if appropriate.
  • Are pets allowed in the flat?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Whether your lease has a provision for a sinking fund?
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For a comprehensive list of information to be contained in your report on your leasehold property in West Smithfield please ask your solicitor in ahead of your conveyancing in West Smithfield

    • I’m about to sell my ground floor flat in West Smithfield.Conveyancing is yet to be initiated but I have just received a half-yearly maintenance charge demand – what should I do?

    Your conveyancing lawyer is likely to suggest that you should clear the invoice 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 management companies will not acknowledge the buyer unless 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. Having a clear account will assist your cause and will leave you no worse off financially.

    Back In 2003, I bought a leasehold house in West Smithfield. Conveyancing and Barclays Direct mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in West Smithfield who previously acted has long since retired.Any advice?

    First make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. It is not necessary to instruct a West Smithfield conveyancing solicitor 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 no more than 6 years of rent can be collected.

    Can you offer any advice when it comes to appointing a West Smithfield conveyancing practice to deal with our lease extension?

    When appointing a property lawyer for your lease extension (regardless if they are a West Smithfield conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non West Smithfield 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 useful:

    • How familiar is the firm with lease extension legislation?
  • If the firm is not ALEP accredited then what is the reason?

    • After months of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in West Smithfield. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

    Where there is a missing landlord or if there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to assess the price.

    An example of a Lease Extension matter before the tribunal for a West Smithfield residence 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 the unexpired residue of the current lease was 66.8 years.

    Other Topics

    Lease Extensions in West Smithfield