Fixed-fee leasehold conveyancing in Barnet:

Any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Barnet, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Barnet leasehold conveyancing Example Support Desk Enquiries

Frank (my husband) and I may need to let out our Barnet garden flat for a while due to a career opportunity. We instructed a Barnet conveyancing firm in 2004 but they have since shut and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

Even though your last Barnet conveyancing solicitor is no longer available you can review your lease to see if it allows you to sublet the apartment. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you are obliged to seek consent from your landlord or other appropriate person prior to subletting. This means that you cannot sublet in the absence of first obtaining consent. The consent should not be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

My wife and I purchased a leasehold house in Barnet. Conveyancing and Aldermore mortgage organised. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Barnet who acted for me is not around.What should I do?

First make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. There is no need to instruct a Barnet conveyancing firm to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am looking at a two apartments in Barnet both have in the region of forty five years unexpired on the leases. Will this present a problem?

A lease is a legal document that entitles you to use the premises for a prescribed time frame. As a lease gets shorter the value of the lease deteriorate and it becomes more costly to acquire a lease extension. For this reason it is often a good idea to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease as mortgage lenders may be reluctant to lend money on properties of this type. Lease extension can be a difficult process. We recommend you seek professional help from a solicitor and surveyor with experience in this field

What are your top tips when it comes to appointing a Barnet conveyancing practice to deal with our lease extension?

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

  • What volume of lease extensions have they completed in Barnet in the last twenty four months?
  • What are the legal fees for lease extension work?

  • Can you provide any top tips for leasehold conveyancing in Barnet with the aim of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Barnet can be reduced where you appoint lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation which will be required by the purchasers’ conveyancers.
    • In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Barnet leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord consenting to such works. Where you dont have the paperwork to hand you should not contact the landlord without checking with your solicitor before hand.
  • A minority of Barnet 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. The bank reference will need to confirm that the buyers are able to meet the annual 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or settle 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 will still have to reveal particulars of the dispute to the buyers, but it is better to present the dispute as historic as opposed to ongoing.
  • If you hold a share in a the Management Company, you should make sure that you have the original share document. Obtaining a re-issued share certificate can be a lengthy formality and delays many a Barnet home move. Where a reissued share is needed, do contact the company officers or managing agents (if applicable) for this sooner rather than later.

  • I have tried to negotiate informally with with my landlord for a lease extension without getting anywhere. Can I make an application to the Leasehold Valuation Tribunal? Can you recommend a Barnet conveyancing firm to assist?

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

    An example of a Lease Extension case for a Barnet premises is Flat 2 2 Netherfield Road in April 2010. The Tribunale held that premium payable for a 90 year extension to the existing Lease should be £7,705. This case related to 1 flat. The unexpired term was 76 years.

    Other Topics

    Lease Extensions in Barnet