My husband and I may need to rent out our Greenwich garden flat temporarily due to a new job. We instructed a Greenwich conveyancing practice in 2002 but they have closed and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

Some leases for properties in Greenwich do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I only have Sixty One years left on my lease in Greenwich. I now wish to get lease extension but my freeholder is missing. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to prove that you or your lawyers have done all that could be expected to locate the landlord. In some cases a specialist would be useful to try and locate and prepare a report to be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor both on devolving into the landlord’s absence and the vesting order request to the County Court covering Greenwich.

I've found a house that seems to meet my requirements, at a great price which is making it more attractive. I have just been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Greenwich. Conveyancing lawyers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Greenwich ?

The majority of houses in Greenwich are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Greenwich so you should seriously consider shopping around for a Greenwich conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’sconsent to conduct changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the estate where the house is part of an estate. Your lawyer will appraise you on the various issues.

What are your top tips when it comes to appointing a Greenwich conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Greenwich conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Greenwich conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:

• If they are not ALEP accredited then what is the reason?
• Can they put you in touch with client in Greenwich who can give a testimonial?

Can you provide any top tips for leasehold conveyancing in Greenwich with the intention of saving time on the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Greenwich can be bypassed where you instruct lawyers the minute you market your property and ask them to put together the leasehold information needed by the purchasers’ solicitors.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Greenwich leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence from the Landlord consenting to such works. Should you dont have the consents in place you should not communicate with the landlord without contacting your solicitor in advance.
• A minority of Greenwich leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. The 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 service charge figures 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 ensure that you hold the original share document. Arranging a duplicate share certificate is often a time consuming process and slows down many a Greenwich conveyancing transaction. If a new share certificate is required, you should approach the company officers or managing agents (if applicable) for this as soon as possible.
• You believe that you know the number of years remaining on your lease but it would be wise to double-check via your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to where the remaining number of years is less than 80 years. It is therefore important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

I have given up trying to purchase the freehold in Greenwich. Can this matter be resolved via the Leasehold Valuation Tribunal?

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

An example of a Lease Extension case for a Greenwich premises is 73 Walerand Road in August 2012. the result of the findings of the Tribunal led to a premium to be paid for the extended lease in respect of Flat 73 in the sum of £10,040. The premium applicable in respect of Flat 85 was £5,710. This case affected 2 flats. The the unexpired term as at the valuation date was 72 years.

Leasehold Conveyancing in Greenwich - A selection of Queries Prior to Purchasing

What is the service charge and ground rent on the property?