Fixed-fee leasehold conveyancing in West Ealing:

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When it comes to leasehold conveyancing in West Ealing, you will need to instruct a conveyancing lawyer with leasehold experience. Whether your mortgage company is to be Halifax, Birmingham Midshires or Nationwide make sure you choose a lawyer on their panel. Feel free to use our search tool

West Ealing leasehold conveyancing: Q and A’s

I am hoping to sign contracts shortly on a garden flat in West Ealing. Conveyancing solicitors assured me that they will have a report out to me 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 West Ealing should include some of the following:

  • The unexpired lease term You should be advised as what happens when the lease ends, and informed of the importance of the 80 year mark
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Will you be prohibited or prevented from having pets in the property?
  • Whether the lease restricts you from subletting the flat, or working from home
  • Changes to the flat (alterations and additions)
  • What options are open to you if a neighbour is in violation of a provision in their lease?
  • 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 West Ealing please enquire of your solicitor in advance of your conveyancing in West Ealing

    • My wife and I purchased a leasehold house in West Ealing. Conveyancing and Skipton Building Society mortgage organised. I have received a letter from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1997. The conveyancing solicitor in West Ealing who previously acted has long since retired.Do I pay?

    The first thing you should do is make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is in fact the new freeholder. There is no need to instruct a West Ealing conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    I am employed by a reputable estate agency in West Ealing where we have witnessed a number of leasehold sales put at risk as a result of leases having less than 80 years remaining. I have been given contradictory information from local West Ealing conveyancing solicitors. Can you clarify whether the owner of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

    Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser 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 simultaneously with completion of the sale.

    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 West Ealing conveyancing firm to deal with our lease extension?

    When appointing a conveyancer for your lease extension (regardless if they are a West Ealing conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non West Ealing conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

    • Can they put you in touch with client in West Ealing who can give a testimonial?
  • What are the charges for lease extension work?

    • I have attempted and failed to negotiate with my landlord for a lease extension without success. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a West Ealing conveyancing firm to assist?

    Most certainly. We can put you in touch with a West Ealing conveyancing firm who can help.

    An example of a Freehold Enfranchisement case for a West Ealing premises is 6 Jessamine Road in August 2013. The Tribunals valuation (as annexed to the decision) calculated the amount payable as £18,355 for the freehold reversion This case affected 2 flats. The the unexpired residue of the current lease was 72.39 years.

    What makes a West Ealing lease unmortgageable?

    Leasehold conveyancing in West Ealing is not unique. Most leases are unique and drafting errors can sometimes mean that certain provisions are wrong. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain elements of the building
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You could encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Barnsley Building Society, and Clydesdale all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the purchaser to pull out.

    Other Topics

    Lease Extensions in West Ealing