Looking forward to exchange soon on a studio apartment in Brent Cross. Conveyancing solicitors inform me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Brent Cross should include some of the following:

• Does the lease require carpeting throughout thus preventing wood flooring?
• Whether your lease has a provision for a sinking fund?
• You should have a good understanding of the insurance provisions
• Changes to the flat (alterations and additions)
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
• Responsibility for repairing the window frames

I am employed by a busy estate agency in Brent Cross where we have experienced a few flat sales put at risk due to short leases. I have been given inconsistent advice from local Brent Cross conveyancing solicitors. Please can you clarify whether the owner of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer 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 has to be done prior to, or simultaneously with completion of the disposal of the property.

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 buyer.

What advice can you give us when it comes to choosing a Brent Cross conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Brent Cross conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Brent Cross conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• How familiar is the firm with lease extension legislation?
• Can they put you in touch with client in Brent Cross who can give a testimonial?

Do you have any advice for leasehold conveyancing in Brent Cross with the intention of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Brent Cross can be bypassed where you appoint lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold information needed by the buyers solicitors.
• Many landlords or managing agents in Brent Cross levy fees for providing management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Brent Cross.
• If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Brent Cross state that internal structural alterations or installing wooden flooring calls for a licence from the Landlord consenting to such alterations. Should you dont have the paperwork to hand you should not contact the landlord without checking with your lawyer in the first instance.
• A minority of Brent Cross leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly 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 purchasers or their lawyers.
• You may think that you are aware of the number of years left on your lease but it would be advisable double-check by asking your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is below 80 years. In the circumstances it is important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

Completion in due on the disposal of our £ 400000 flat in Brent Cross on Tuesday in a week. The management company has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Brent Cross?

Brent Cross conveyancing on leasehold apartments normally requires the purchaser’s solicitor sending questions for the landlord to answer. Although the landlord is not legally bound to answer such questions most will be willing to do so. They are entitled levy a reasonable administration fee for answering enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is £350, in some cases it exceeds £800. The management information fee levied by the landlord must be sent together with a summary of rights and obligations in relation to administration charges, without which the invoice is technically not due. In reality you have little choice but to pay whatever is demanded should you wish to exchange contracts with the buyer.

We have reached the end of our tether in trying to purchase the freehold in Brent Cross. Can this matter be resolved via the Leasehold Valuation Tribunal?

Absolutely. We can put you in touch with a Brent Cross conveyancing firm who can help.

An example of a Lease Extension decision for a Brent Cross premises is First Floor Flat 61 Wilberforce Road in March 2014. The premium payable was £10,130 and the case was remitted back to the Willesden County Court to effect the Vesting Order (Claim No 3W103100). This case related to 1 flat. The unexpired lease term was 71 years.

Leasehold Conveyancing in Brent Cross - Examples of Queries Prior to buying

How much is the annual maintenance fee and ground rent?