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Questions and Answers: Hammersmith leasehold conveyancing

I am hoping to complete next month on a ground floor flat in Hammersmith. Conveyancing lawyers assured me that they will have a report out to me within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Hammersmith should include some of the following:

  • Does the lease prohibit wood flooring?
  • Whether the lease restricts you from letting out the flat, or having a home office for business
  • You must be told what counts as a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • 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
  • You should have a good understanding of the insurance provisions
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? For a comprehensive list of information to be included in your report on your leasehold property in Hammersmith please ask your lawyer in advance of your conveyancing in Hammersmith

  • I am hoping to put an offer on a small detached house that seems to meet my requirements, at a great price which is making it more attractive. I have just found out that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Hammersmith. Conveyancing advisers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Hammersmith ?

    Most houses in Hammersmith are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Hammersmith so you should seriously consider looking for a Hammersmith conveyancing practitioner and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the landlord’spermission to conduct changes to the property. It may be necessary to pay a service charge towards the maintenance of the communal areas where the property is located on an estate. Your conveyancer will advise you fully on all the issues.

    What are your top tips when it comes to choosing a Hammersmith conveyancing practice to carry out our lease extension conveyancing?

    When appointing a conveyancer for lease extension works (regardless if they are a Hammersmith conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Hammersmith conveyancing practices before you 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 what is the reason?
  • What are the costs for lease extension conveyancing?

  • Do you have any top tips for leasehold conveyancing in Hammersmith with the purpose of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Hammersmith can be reduced where you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the buyers representatives.
    • The majority freeholders or managing agents in Hammersmith levy fees for providing management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Hammersmith.
  • If you have carried out any alterations to the property would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in Hammersmith state that internal structural changes or addition of wooden flooring calls for a licence from the Landlord consenting to such changes. If you fail to have the approvals in place you should not communicate with the landlord without contacting your lawyer in the first instance.
  • If there is a history of conflict with your landlord or managing agents it is very important that these are settled prior to the flat being marketed. The purchasers and their solicitors will be warry about purchasing a flat where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as over rather than ongoing.
  • If you have the benefit of shareholding in the freehold, you should ensure that you have the original share document. Organising a new share certificate can be a time consuming process and slows down many a Hammersmith home move. If a new share is required, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible.

  • Completion in due on the disposal of our £150000 maisonette in Hammersmith on Tuesday in a week. The management company has quoted £300 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Hammersmith?

    For most leasehold sales in Hammersmith conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

    • Addressing pre-exchange questions
    • Where consent is required before sale in Hammersmith
    • Supplying insurance information
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Hammersmith leasehold premises is £350. For Hammersmith conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply answers.

    I own a ground floor flat in Hammersmith. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal make a decision on the premium payable for the purchase of the freehold?

    Most definitely. We can put you in touch with a Hammersmith conveyancing firm who can help.

    An example of a Freehold Enfranchisement matter before the tribunal for a Hammersmith premises is 19 Crisp Road in June 2009. Following a vesting order (Under section 26 of the Leasehold Reform,Housing and Urban Development Act 1993) The tribunal determined that the premium payable for the acquisition of the freehold was £33,756,apportioned as to£12,285 for the lower at and £21,471for the upper fat. This case related to 2 flats. The unexpired lease term was 68.32 years.

    Other Topics

    Lease Extensions in Hammersmith