Sample questions relating to Bromley leasehold conveyancing
Looking forward to complete next month on a studio apartment in Bromley. Conveyancing lawyers inform me that they report fully tomorrow. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Bromley should include some of the following:
- The unexpired lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
- Defining your legal entitlements in respect of common areas in the block.E.G., does the lease provide for a right of way over a path or hallways?
- Do you need to have carpet in the flat or are you allowed wood flooring?
- You should have a good understanding of the insurance provisions
- Changes to the flat (alterations and additions)
- 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
- Responsibility for repairing the window frames
My wife and I purchased a leasehold house in Bromley. Conveyancing and Barclays Direct mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Bromley who acted for me is not around.Any advice?
The first thing you should do is make enquiries of the Land Registry to make sure that this person is indeed the new freeholder. It is not necessary to incur the fees of a Bromley conveyancing practitioner to do this as you can do this on the Land Registry website for £3. 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.
I am looking at a two maisonettes in Bromley both have approximately fifty years unexpired on the lease term. Do I need to be concerned?
A lease is a legal document that entitles you to use the property for a prescribed time frame. As a lease shortens the saleability of the lease decreases and it becomes more expensive to acquire a lease extension. This is why it is often a good idea to increase the term of the lease. It is often difficulties arise selling premises with a short lease as mortgage lenders may be reluctant to lend money on such properties. Lease enfranchisement can be a difficult process. We recommend you seek professional assistance from a conveyancer and surveyor with experience in this arena
What are your top tips when it comes to choosing a Bromley conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a property lawyer for lease extension works (regardless if they are a Bromley conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Bromley conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:
- If they are not ALEP accredited then why not?
- What are the charges for lease extension conveyancing?
Do you have any advice for leasehold conveyancing in Bromley from the point of view of expediting the sale process?
- A significant proportion of the delay in leasehold conveyancing in Bromley can be avoided where you appoint lawyers the minute your agents start marketing the property and request that they start to collate the leasehold documentation needed by the buyers representatives.
- In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Bromley leases often stipulate that internal structural alterations or laying down wooden flooring require a licence from the Landlord approving such changes. Should you fail to have the consents in place you should not contact the landlord without checking with your lawyer in advance.
- If you have had any disputes with your landlord or managing agents it is essential that these are settled before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a property where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or settle 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 are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic as opposed to unresolved.
- If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share document. Obtaining a re-issued share certificate is often a lengthy process and slows down many a Bromley home move. Where a new share certificate is needed, you should approach the company director and secretary or managing agents (if relevant) for this sooner rather than later.
- You believe that you know the number of years left on your lease but you should verify this via your lawyers. A purchaser's lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is under 80 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.
I am the leaseholder of a first floor flat in Bromley. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal make a decision on the amount payable for the purchase of the freehold?
Where there is a missing landlord or where there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to arrive at the premium.
An example of a Freehold Enfranchisement matter before the tribunal for a Bromley property is 26 Rhondda Grove in June 2009. The net price payable by the leaseholders as determined by the Tribunal was £3,015.13. This comprised £11,300 premium for the reversion less £8,284.87 costs as ordered by the County Court.
I bought a ground floor flat in Bromley, conveyancing formalities finalised in 2012. 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? Corresponding flats in Bromley with over 90 years remaining are worth £223,000. The average or mid-range amount of ground rent is £50 invoiced annually. The lease finishes on 21st October 2084
With 58 years remaining on your lease the likely cost is going to range between £24,700 and £28,600 plus plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for renewing a lease, but we are not able to advice on the actual costs without more detailed due diligence. You should not use the figures in a Notice of Claim or as an informal offer. There may be additional issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information without first seeking the advice of a professional.