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Common questions relating to Barnehurst leasehold conveyancing

Jane (my partner) and I may need to rent out our Barnehurst ground floor flat temporarily due to a career opportunity. We instructed a Barnehurst conveyancing firm in 2002 but they have since shut and we did not have the foresight to get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your previous Barnehurst conveyancing solicitor is no longer around you can check your lease to check if it allows you to sublet the premises. The accepted inference is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you need to obtain consent via your landlord or some other party prior to subletting. This means that you cannot sublet in the absence of prior permission. The consent is not allowed to be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have subsequently been informed that the title is leasehold rather than freehold. I am assuming that there are issues buying a leasehold house in Barnehurst. Conveyancing lawyers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Barnehurst ?

The majority of houses in Barnehurst are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Barnehurst so you should seriously consider looking for a Barnehurst conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as requiring the freeholder’spermission to carry out changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is located on an estate. Your solicitor should report to you on the legal implications.

Back In 2002, I bought a leasehold house in Barnehurst. Conveyancing and TSB mortgage organised. A letter has just been received from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1998. The conveyancing solicitor in Barnehurst who previously acted has now retired.What should I do?

The first thing you should do is contact HMLR to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Barnehurst conveyancing solicitor to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What are your top tips when it comes to appointing a Barnehurst conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Barnehurst conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Barnehurst conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

  • What volume of lease extensions have they completed in Barnehurst in the last year?
  • Can they put you in touch with client in Barnehurst who can give a testimonial?

    • Do you have any advice for leasehold conveyancing in Barnehurst from the perspective of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in Barnehurst can be avoided where you instruct lawyers the minute you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ conveyancers.
    • Many landlords or Management Companies in Barnehurst levy fees for supplying management packs for a leasehold premises. 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 typical amount of time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Barnehurst.
  • If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Barnehurst state that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord approving such alterations. Should you fail to have the paperwork to hand do not contact the landlord without contacting your solicitor in the first instance.
  • A minority of Barnehurst leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying 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 buyers or their lawyers.
  • If you hold a share in a the freehold, you should ensure that you have the original share certificate. Arranging a re-issued share certificate is often a lengthy formality and delays many a Barnehurst conveyancing transaction. Where a new share certificate is necessary, do contact the company director and secretary or managing agents (where applicable) for this sooner rather than later.

    • I have had difficulty in trying to purchase the freehold in Barnehurst. Can the Leasehold Valuation Tribunal adjudicate on premiums?

    Most definitely. We are happy to put you in touch with a Barnehurst conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a Barnehurst residence 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 affected 13 flats. The the unexpired residue of the current lease was 76 years.

    Other Topics

    Lease Extensions in Barnehurst