Fixed-fee leasehold conveyancing in Heston:

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Any conveyancing solicitor can theoretically handle your leasehold conveyancing in Heston, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Heston leasehold conveyancing Example Support Desk Enquiries

Planning to exchange soon on a leasehold property in Heston. Conveyancing solicitors assured me that they are sending me a report next week. What should I be looking out for?

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

  • You should receive a copy of the lease
  • The physical extent of the premises. This will be the property itself but might include a roof space or basement if appropriate.
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Whether the lease restricts you from subletting the property, or working from home
  • 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
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Heston please ask your solicitor in ahead of your conveyancing in Heston

    • I own a leasehold flat in Heston. Conveyancing and Birmingham Midshires mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Heston who acted for me is not around.Do I pay?

    The first thing you should do is make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. There is no need to instruct a Heston conveyancing lawyer to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, 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 a negotiator for a long established estate agency in Heston where we have experienced a few flat sales put at risk due to leases having less than 80 years remaining. I have received inconsistent advice from local Heston conveyancing firms. Can you confirm whether the owner of a flat can commence the lease extension formalities for the purchaser on completion of the sale?

    Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

    An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

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

    When appointing a property lawyer for lease extension works (regardless if they are a Heston conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Heston 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 useful:

    • If they are not ALEP accredited then what is the reason?
  • How many lease extensions has the firm carried out in Heston in the last year?

    • Can you provide any top tips for leasehold conveyancing in Heston from the perspective of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Heston can be avoided where you get in touch lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the buyers representatives.
    • Many landlords or Management Companies in Heston levy fees for providing management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Heston.
  • If you have had any disputes with your landlord or managing agents it is essential that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a flat where a dispute is unsettled. You will have to accept that you will have to discharge 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 prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic rather than unresolved.
  • If you are supposed to have a share in the Management Company, you should make sure that you hold the original share certificate. Obtaining a re-issued share certificate can be a lengthy process and delays many a Heston home move. If a new share certificate is required, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.
  • You may think that you are aware of the number of years left on your lease but it would be advisable verify this by asking your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to where the remaining number of years is below 80 years. It is therefore important at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • I have had difficulty in seeking a lease extension in Heston. Can the Leasehold Valuation Tribunal adjudicate on premiums?

    You certainly can. We can put you in touch with a Heston conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a Heston flat 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 related to 1 flat. The unexpired term was 60.45 years.

    Other Topics

    Lease Extensions in Heston