Guaranteed fixed fees for Leasehold Conveyancing in South West London

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South West London leasehold conveyancing: Q and A’s

I want to sublet my leasehold apartment in South West London. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Notwithstanding that your previous South West London conveyancing solicitor is not available you can check your lease to see if you are permitted to let out the apartment. The rule is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you are obliged to obtain permission via your landlord or other appropriate person before subletting. This means that you cannot sublet in the absence of first obtaining permission. The consent should not be unreasonably turned down. If the lease prohibits you from letting out the property you should ask your landlord for their consent.

I've found a house that appears to tick a lot of boxes, at a great price which is making it more attractive. I have just been informed that it's a leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in South West London. Conveyancing lawyers have not yet been instructed. Will they explain the issues?

Most houses in South West London are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are buying in South West London so you should seriously consider shopping around for a South West London conveyancing solicitor and check that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’spermission to carry out alterations. You may also be required to pay a service charge towards the maintenance of the estate where the property is located on an estate. Your lawyer will advise you fully on all the issues.

My wife and I purchased a leasehold flat in South West London. Conveyancing and Halifax mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1996. The conveyancing practitioner in South West London who previously acted has long since retired.Any advice?

First contact HMLR to be sure that the individual purporting to own the freehold is in fact the new freeholder. You do not need to instruct a South West London conveyancing solicitor to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Can you offer any advice when it comes to choosing a South West London conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for lease extension works (regardless if they are a South West London conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non South West London conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

  • How experienced is the practice with lease extension legislation?
  • Can they put you in touch with client in South West London who can give a testimonial?

    • Can you provide any advice for leasehold conveyancing in South West London from the perspective of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in South West London can be bypassed if you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation which will be required by the buyers conveyancers.
    • Many landlords or Management Companies in South West London charge for providing management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common cause of frustration in leasehold conveyancing in South West London.
  • If you have carried out any alterations to the property would they have required Landlord’s permission? In particular have you laid down wooden flooring? Most leases in South West London state that internal structural changes or installing wooden flooring require a licence from the Landlord approving such works. Should you dont have the paperwork to hand do not contact the landlord without contacting your solicitor first.
  • If there is a history of any disputes with your landlord or managing agents it is very important that these are settled before the property is marketed. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve 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 are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic as opposed to unresolved.
  • If you are supposed to have a share in the freehold, you should ensure that you have the original share document. Organising a re-issued share certificate can be a time consuming formality and frustrates many a South West London home move. Where a reissued share certificate is necessary, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

    • Despite our best efforts, we have been unsuccessful in trying to purchase the freehold in South West London. Can the Leasehold Valuation Tribunal adjudicate on premiums?

    Most definitely. We can put you in touch with a South West London conveyancing firm who can help.

    An example of a Freehold Enfranchisement matter before the tribunal for a South West London premises is 78 & 80 Newport Road in January 2013. the Tribunal concluded that the premium to be paid by the leaseholder in respect of the freehold reversion is £23,105 This case related to 2 flats. The remaining number of years on the lease was 71.63 years.

    Other Topics

    Lease Extensions in South West London