Quality lawyers for Leasehold Conveyancing in Sydenham Hill

When it comes to leasehold conveyancing in Sydenham Hill, you will need to appoint a conveyancing practitioner with leasehold experience. Whether your lender is to be Halifax, Yorkshire Building Society or Nationwide be sure to choose a lawyer on their panel. Feel free to use our search tool

Top Five Questions relating to Sydenham Hill leasehold conveyancing

You should [be sent a copy of the lease|receive a copy of the lease]

Due to complete next month on a garden flat in Sydenham Hill. Conveyancing lawyers have said that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?

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

  • 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
  • Repair and maintenance of the flat
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • 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.
  • What the implications are if you breach a clause of your lease?
For details of the information to be included in your report on your leasehold property in Sydenham Hill please enquire of your conveyancer in advance of your conveyancing in Sydenham Hill

Estate agents have just been given the go-ahead to market my garden flat in Sydenham Hill.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly maintenance charge demand – Do I pay up?

The sensible thing to do is clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

My wife and I purchased a leasehold house in Sydenham Hill. Conveyancing and Bank of Ireland mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Sydenham Hill who acted for me is not around.Do I pay?

The first thing you should do is contact the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Sydenham Hill conveyancing lawyer to do this as you can do this on the Land Registry website for £3. You should note that regardless, 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 busy estate agent office in Sydenham Hill where we see a few leasehold sales derailed as a result of short leases. I have been given conflicting advice from local Sydenham Hill conveyancing solicitors. Please can you clarify whether the seller of a flat can commence the lease extension process for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder 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 buyer.

Do you have any top tips for leasehold conveyancing in Sydenham Hill with the intention of speeding up the sale process?

  • Much of the frustration in leasehold conveyancing in Sydenham Hill can be bypassed if you instruct lawyers as soon as your agents start advertising the property and ask them to put together the leasehold documentation needed by the buyers solicitors.
  • Many freeholders or managing agents in Sydenham Hill levy fees for providing management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Sydenham Hill.
  • Some Sydenham Hill leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any 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 purchasers or their lawyers.
  • If you hold a share in a the Management Company, you should ensure that you are holding the original share certificate. Obtaining a replacement share certificate is often a time consuming process and frustrates many a Sydenham Hill home move. If a duplicate share is required, do contact the company officers or managing agents (where relevant) for this sooner rather than later.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this via your solicitors. A purchaser's lawyer will not be happy to advise their client to where the remaining number of years is under 80 years. In the circumstances it is 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.

After months of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Sydenham Hill. Can we issue an application to the Residential Property Tribunal Service?

if there is a absentee landlord or if there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to arrive at the price.

An example of a Lease Extension matter before the tribunal for a Sydenham Hill flat is Flat 1 4 Border Crescent in March 2012. the Tribunal decided that the sum payable by the Applicants to the Respondent in respect of the new lease for the subject property should be £11,616.00 (ElevenThousand and Six Hundred and Sixteen Pounds) This case affected 1 flat. The remaining number of years on the lease was 72.04 years.

Sydenham Hill Leasehold Conveyancing - A selection of Queries Prior to Purchasing

    Are any of leasehold owners in arrears of their service charge liability? It would be wise to find out as much as possible about the managing agents as they can either make your life much simpler or uncomfortable. As the proprietor of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to day to day issues like the tidiness of the communal areas. Don't be afraid to ask prospective neighbours if they are happy with them. Finally, investigate as to the dates that you are obliged pay the service charge to the appropriate party and specifically what it includes.