Are there restrictive covenants that are commonly identified during conveyancing in Blackheath?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Blackheath. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I opted to have a survey done on a property in Blackheath in advance of instructing lawyers. I have been informed that there is a flying freehold overhang to the property. My surveyor has said that some mortgage companies will refuse to grant a mortgage on a flying freehold house.
It depends who your proposed lender is. HSBC has different instructions for example to Nationwide. Should you wish to telephone us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Blackheath. Conveyancing will be smoother if you use a solicitor in Blackheath especially if they are acquainted with such properties in Blackheath.
Are there any apps to assist me to identify a Blackheath law firm on the HSBC Bank conveyancing panel? I drive a motor bike and am willing to travel upto 20kilometers to meet the lawyer.
Feel free to make use of the facility on this website. Please select a mortgage company and your location and you will see a number of Blackheath conveyancing lawyers based on proximity. We have detailed some Blackheath conveyancing firms at the bottom of this page and you can ring them to check whether they are on the HSBC Bank member panel
I am tempted by the attractive purchase price for a couple of flats in Blackheath which have approximately fifty years left on the lease term. Should I regard a short lease as a deal breaker?
There are no two ways about it. A leasehold apartment in Blackheath is a deteriorating asset as a result of the reducing lease term. The closer the lease gets to zero years unexpired, the more it adversely affects the salability of the premises. The majority of buyers and banks, leases with under 75 years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Blackheath conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
Following years of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Blackheath. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Absolutely. We are happy to put you in touch with a Blackheath conveyancing firm who can help.
An example of a Lease Extension case for a Blackheath residence is 73 Walerand Road in August 2012. the result of the findings of the Tribunal led to a premium to be paid for the extended lease in respect of Flat 73 in the sum of £10,040. The premium applicable in respect of Flat 85 was £5,710. This case affected 2 flats. The unexpired term as at the valuation date was 72 years.
I own a leasehold flat in Blackheath. Conveyancing was finished in five years ago. I have heard that I mustn’t let the the remaining lease term to fall too short. Why is that a problem?
Blackheath leasehold properties are for a prescribed period - often 99 years when they are first granted. However a significant appartments in Blackheath were constructed or converted 20 or more years ago and so such leases now have less than 80 years left to run. That may sound like a long time however Banks, Building Societies and other mortgage institutions tend to require leases to have at least 75 years unexpired to adequate security. This means that when you come to sell the property you will need a lease extension if you are approaching 75 years. To optimize your property value you should be thinking about whether or not to extend your lease long before you come to sell it. Please note that there are advantages to taking action before the lease hits 80 years as when the lease is less than eighty years the premium you have to pay to extend starts to increase.