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Recently asked questions relating to Brondesbury leasehold conveyancing

Looking forward to complete next month on a leasehold property in Brondesbury. Conveyancing lawyers have said that they report fully next week. What should I be looking out for?

The report on title for your leasehold conveyancing in Brondesbury should include some of the following:

  • You should receive a copy of the lease
  • Defining your rights in respect of the communal areas in the building.For example, does the lease contain a right of way over an accessway or hallways?
  • Will you be prohibited or prevented from having pets in the property?
  • Whether the lease restricts you from renting out the property, or having a home office for business
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Whether your lease has a provision for a reserve fund?
  • Repair and maintenance of the flat For details of the information to be included in your report on your leasehold property in Brondesbury please enquire of your lawyer in advance of your conveyancing in Brondesbury

  • Estate agents have just been given the go-ahead to market my garden apartment in Brondesbury.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly service charge demand – Do I pay up?

    The sensible thing to do is pay the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

    I own a leasehold flat in Brondesbury. Conveyancing and Skipton Building Society mortgage organised. 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 1995. The conveyancing solicitor in Brondesbury who acted for me is not around.Any advice?

    First contact the Land Registry to make sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to incur the fees of a Brondesbury conveyancing lawyer to do this as it can be done on-line for £3. You should note 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've recently bought a leasehold flat in Brondesbury. Am I liable to pay service charges for periods before completion of my purchase?

    In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    Do you have any top tips for leasehold conveyancing in Brondesbury with the intention of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Brondesbury can be avoided where you get in touch lawyers as soon as you market your property and request that they start to collate the leasehold information needed by the buyers solicitors.
    • If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Brondesbury state that internal structural alterations or laying down wooden flooring require a licence issued by the Landlord approving such works. Where you dont have the paperwork to hand do not contact the landlord without contacting your lawyer first.
  • Some Brondesbury leases require Landlord’s consent to the sale and approval of the buyers. 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. The bank reference will need to confirm that the buyers are 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share document. Organising a new share certificate is often a lengthy formality and frustrates many a Brondesbury conveyancing deal. Where a reissued share is required, do contact the company officers or managing agents (where applicable) for this as soon as possible.
  • You believe that you know the number of years remaining on your lease but it would be wise to verify this via your lawyers. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is under 75 years. It is therefore important at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

  • I inherited a ground floor flat in Brondesbury. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the amount due for the purchase of the freehold?

    in cases where there is a absentee landlord or where there is disagreement about the premium for a lease extension, under the relevant statutes it is possible to make an application to the LVT to judgment on the amount due.

    An example of a Lease Extension decision for a Brondesbury residence is 50a Cavendish Road in April 2014. The Tribunal determines that the premium payable by the Applicant in respect of the extension of the lease for the flat was £82,319. This case related to 1 flat. The the number of years remaining on the existing lease(s) was 49.26 years.

    Other Topics

    Lease Extensions in Brondesbury