Fixed-fee leasehold conveyancing in Chingford:

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Chingford leasehold conveyancing Example Support Desk Enquiries

Having had my offer accepted I require leasehold conveyancing in Chingford. Before I set the wheels in motion I would like to find out the remaining lease term.

Assuming the lease is registered - and most are in Chingford - then the leasehold title will always include the short particulars 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.

I only have 72 years unexpired on my lease in Chingford. I am keen to extend my lease but my freeholder is absent. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to locate the landlord. In some cases a specialist would be useful to conduct investigations and to produce an expert document to be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on investigating the landlord’s disappearance and the application to the County Court overseeing Chingford.

Planning to sign contracts shortly on a basement flat in Chingford. Conveyancing lawyers have said that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

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

  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Does the lease prevent you from subletting the flat, or having a home office for business
  • You must be told what constitutes a Nuisance in the lease
  • 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
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • What options are open to you if a neighbour is in violation of a provision in their lease? For a comprehensive list of information to be contained in your report on your leasehold property in Chingford please enquire of your conveyancer in ahead of your conveyancing in Chingford

    • Can you offer any advice when it comes to choosing a Chingford conveyancing practice to deal with our lease extension?

    When appointing a solicitor for lease extension works (regardless if they are a Chingford conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Chingford conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

    • How experienced is the firm with lease extension legislation?
  • What volume of lease extensions has the firm completed in Chingford in the last twenty four months?

    • I have tried to negotiate informally with with my landlord for a lease extension without success. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a Chingford conveyancing firm to help?

    You certainly can. We are happy to put you in touch with a Chingford conveyancing firm who can help.

    An example of a Freehold Enfranchisement decision for a Chingford property is 201 & 201a St. Barnabas Road in October 2013. The Tribunal decided that the price to be paid by the Applicants for the freehold interest is £20,071. This case was in relation to 2 flats. The unexpired term was 69.26 years.

    What makes a Chingford lease defective?

    There is nothing unique about leasehold conveyancing in Chingford. All leases is drafted differently and drafting errors can sometimes mean that certain provisions are wrong. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain elements of the building
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You will have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Chelsea Building Society, and Godiva Mortgages Ltd all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the purchaser to pull out.

    Other Topics

    Lease Extensions in Chingford