Questions and Answers: Hampton Hill leasehold conveyancing
I want to let out my leasehold flat in Hampton Hill. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
Even though your last Hampton Hill conveyancing solicitor is not around you can review your lease to see if you are permitted to let out the apartment. The accepted inference is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you must seek consent via your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet without first obtaining permission. Such consent is not allowed to be unreasonably turned down. If your lease does not allow you to sublet you will need to ask your landlord for their consent.
Due to sign contracts shortly on a leasehold property in Hampton Hill. Conveyancing solicitors have said that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Hampton Hill should include some of the following:
- The length of the 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 rights in relation to common areas in the building.For example, does the lease permit a right of way over an accessway or staircase?
- Ground rent - how much and when you need to pay, and also know whether this will change in the future
- 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.
- 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
- What options are open to you if a neighbour is in violation of a provision in their lease?
My wife and I purchased a leasehold flat in Hampton Hill. Conveyancing and Barclays Direct mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Hampton Hill who previously acted has long since retired.Do I pay?
First contact the Land Registry to make sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to incur the fees of a Hampton Hill conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am looking at a couple of flats in Hampton Hill which have in the region of forty five years unexpired on the leases. Will this present a problem?
A lease is a legal document that entitles you to use the property for a period of time. As a lease gets shorter the saleability of the lease decreases and it becomes more costly to acquire a lease extension. This is why it is generally wise to increase the term of the lease. It is often difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a protracted process. We recommend you get professional help from a solicitor and surveyor with experience in this arena
Can you offer any advice when it comes to choosing a Hampton Hill conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a property lawyer for lease extension works (regardless if they are a Hampton Hill conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Hampton Hill conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:
- What volume of lease extensions have they conducted in Hampton Hill in the last twenty four months?
- Can they put you in touch with client in Hampton Hill who can give a testimonial?
I have attempted and failed to negotiate with my landlord for a lease extension without any joy. Can the Leasehold Valuation Tribunal adjudicate on such issues? Can you recommend a Hampton Hill conveyancing firm to act on my behalf?
in cases where there is a missing freeholder or if there is dispute about what the lease extension should cost, under the relevant statutes it is possible to make an application to the LVT to arrive at the price payable.
An example of a Lease Extension case for a Hampton Hill residence is Ground Floor Flat 91 Bath Road in May 2009. in a case where the freeholder could not be traced, the Brentford County Court ordered that the Lease be surrendered in return for the grant of a new lease of the Premises at a premium determined by the Leasehold Valuation Tribunal. The tribunal concluded that the price payable by the Applicant for the new lease of the premises be £15,900 This case affected 1 flat. The the unexpired residue of the current lease was 60.45 years.
I purchased a 1st floor flat in Hampton Hill, conveyancing formalities finalised 9 years ago. Can you let me have an estimated range of the fair premium for a lease extension? Similar properties in Hampton Hill with over 90 years remaining are worth £255,000. The ground rent is £60 yearly. The lease comes to an end on 21st October 2076
You have 50 years left to run the likely cost is going to span between £36,100 and £41,800 as well as costs.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to supply the actual costs without more detailed investigations. You should not use the figures in a Notice of Claim or as an informal offer. There may be other concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. Please do not take any other action based on this information without first getting professional advice.