Property legal Q&A: The neighbours above our flat are very noisy. What should we do? Noisy neighbours are a common complaint amongst owners of flats. There are a few ways in which to approach this, and several issues for you to consider. First of all, check the terms of your lease. Better still, also check the terms of your neighbour’s lease, which you can download from the Land Registry for [...]
Legal Q&A: I own a leasehold flat. Can my landlord charge me £5,000 to remove an inside wall? Carrying out works to your flat and finding out whether or not your landlord is entitled to charge a premium or other costs is a very common problem. The answers will lie in your lease. Generally, you need to check what it says with regard to these two points: Firstly, does your lease permit you [...]
Property legal Q&A: I own a flat with a share of freehold. Do I still need the landlord’s consent before I carry out structural works to my flat? The fact you own a share of freehold does not bypass the terms of your lease. When a person owns a lease and a share of freehold they effectively wear two hats: one as a leaseholder and the other as a joint owner of the freehold. When you acquire a share of freehold, the lease [...]
Property Legal Q&A: I am buying a flat and have been advised that the landlord of the building is missing. Should I be worried? May 21, 2019 Often, where the owner of a flat has not heard from the landlord in a while, they will consider the landlord as “missing” but that may not necessarily be the case. Your solicitor should check what enquiries have been made to try and locate the landlord. For example, the landlord may have died and his [...]
Property legal Q&A: I own a flat with a short lease and cannot afford to extend it. I am now facing difficulty selling my property. Do I have any options? August 23, 2018 You don’t say how short the lease is but it appears to be short enough to deter potential buyers from buying your property. Some lenders require a minimum of 85 years left to run on a lease before they will be willing to lend. Parties are generally worried the nearer the lease gets to 80 [...]
Legal Q&A: How can a group of 10 leaseholders contribute fairly towards the purchase of the freehold of their building? July 23, 2018 There are a few issues to consider here. If all of your leases are on similar terms and have the same amount of years left to run, there is scope to agree that you all contribute equally towards the purchase price. However, there are also reasons why the leaseholders should not contribute equally. For [...]
Legal Q&A: I intend to extend the lease of my flat and read the price payable for an extension is 15 times the current ground rent? Is this correct? January 26, 2018 There is a popular myth that the price for a lease term extension is simply a multiple of the passing ground rent under the terms of the lease. Unfortunately, the price payable for a lease term extension is not as straightforward. Pursuant to the Leasehold Reform, Housing and Urban Land Act 1993 (the Act) [...]
Property Legal Q&A: What can I do if I suspect my landlord is overcharging me for repairs and maintenance? December 8, 2017 We are five leaseholders in a block of flats and we have recently discovered the landlord has been charging more than 100 per cent of the outgoings for repairs and maintaining the building. What can we do about this? The general rule is a landlord should not recover more or less of the costs [...]
Property Legal Q&A: I own a flat that has 87 years left to run on the lease. Should I extend the lease? February 18, 2017 A: A longer lease has the advantage of being both more mortgageable and more attractive in the market. A leasehold flat whose term has significantly reduced (say to below 50 years) is a wasting asset, and extending its lease term is essential to preserve the value. The Government in the recent Housing White Paper states [...]
Property legal Q&A: What legal issues should I consider before I let a leasehold flat in a mansion block? January 23, 2017 Question: I own a leasehold flat in a mansion block and am considering letting it on a daily/weekly basis. What legal issues should I consider before doing so? Answer: The success of Airbnb and similar providers of short room/property rentals has increased significantly over the past few years, but there are several factors to consider [...]
