Fixed-fee leasehold conveyancing in Nine Elms:

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Examples of recent questions relating to leasehold conveyancing in Nine Elms

Jane (my partner) and I may need to let out our Nine Elms garden flat temporarily due to a new job. We instructed a Nine Elms conveyancing practice in 2004 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?

Some leases for properties in Nine Elms do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience dictates 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.

Having checked my lease I have discovered that there are only 68 years remaining on my lease in Nine Elms. I am keen to get lease extension but my landlord is can not be found. What should I do?

On the basis that 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 for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have done all that could be expected to locate the freeholder. On the whole an enquiry agent should be helpful to carry out a search and to produce a report which can be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on investigating the landlord’s absence and the application to the County Court overseeing Nine Elms.

What advice can you give us when it comes to choosing a Nine Elms conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Nine Elms conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Nine Elms conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

  • If the firm is not ALEP accredited then what is the reason?
  • How many lease extensions has the firm conducted in Nine Elms in the last year?

    • Do you have any advice for leasehold conveyancing in Nine Elms from the point of view of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Nine Elms can be avoided if you get in touch lawyers the minute you market your property and ask them to put together the leasehold documentation which will be required by the purchasers’ conveyancers.
    • Many landlords or Management Companies in Nine Elms levy fees for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information sought as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Nine Elms.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Nine Elms state that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such changes. If you fail to have the consents to hand you should not communicate with the landlord without contacting your solicitor before hand.
  • A minority of Nine Elms leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the annual 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 purchasers or their solicitors.
  • If you hold a share in a the freehold, you should ensure that you are holding the original share document. Obtaining a duplicate share certificate can be a lengthy process and slows down many a Nine Elms home move. If a duplicate share certificate is required, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible.

    • All being well we will complete the sale of our £175000 apartment in Nine Elms in nine days. The freeholder has quoted £408 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Nine Elms?

    Nine Elms conveyancing on leasehold flats often necessitates the purchaser’s solicitor submitting questions for the landlord to answer. Although the landlord is under no legal obligation to address such questions most will be willing to do so. They may invoice a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some cases it is above £800. The administration charge levied by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration fees, without which the invoice is technically not due. Reality however dictates that one has little choice but to pay whatever is requested of you if you want to sell the property.

    I have tried to negotiate informally with with my landlord to extend my lease without getting anywhere. Can a leaseholder make an application to the Leasehold Valuation Tribunal? Can you recommend a Nine Elms conveyancing firm to act on my behalf?

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

    An example of a Lease Extension matter before the tribunal for a Nine Elms property is 150A Albert Palace Mansions Lurline Gardens in July 2013. The Tribunal determined that the premium payable for the new lease of the subject property was £42,069 This case was in relation to 1 flat. The unexpired lease term was 57.06 years.