Jane (my partner) and I may need to sub-let our Cockfosters 1st floor flat for a while due to taking a sabbatical. We instructed a Cockfosters conveyancing practice in 2003 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

Even though your previous Cockfosters conveyancing lawyer is not around 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. Quite often there is a prerequisite that you are obliged to seek consent via your landlord or other appropriate person before subletting. This means that you cannot sublet without first obtaining consent. The consent is not allowed to be unreasonably withheld. If the lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.

There are only Fifty years remaining on my flat in Cockfosters. I now want to extend my lease but my landlord is missing. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. You will be obliged to prove that you have made all reasonable attempts to track down the freeholder. In some cases an enquiry agent would be useful to try and locate and prepare an expert document which can be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s disappearance and the application to the County Court covering Cockfosters.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have subsequently found out that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Cockfosters. Conveyancing advisers have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Cockfosters ?

The majority of houses in Cockfosters are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Cockfosters so you should seriously consider shopping around for a Cockfosters conveyancing solicitor and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’spermission to carry out changes to the property. It may be necessary to pay a contribution towards the maintenance of the estate where the house is part of an estate. Your lawyer should report to you on the legal implications.

What advice can you give us when it comes to appointing a Cockfosters conveyancing practice to deal with our lease extension?

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

• Can they put you in touch with client in Cockfosters who can give a testimonial?
• What are the costs for lease extension conveyancing?

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

• Much of the delay in leasehold conveyancing in Cockfosters can be bypassed if you appoint lawyers the minute you market your property and request that they start to put together the leasehold information which will be required by the purchasers’ lawyers.
• If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Cockfosters state that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord approving such works. If you fail to have the approvals to hand do not contact the landlord without checking with your solicitor in the first instance.
• If there is a history of any disputes with your landlord or managing agents it is very important that these are resolved before the property is put on the market. The purchasers and their solicitors will be nervous about purchasing a flat where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. 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 details of the dispute to the purchasers, but it is better to reveal the dispute as over as opposed to ongoing.
• If you hold a share in a the freehold, you should ensure that you hold the original share certificate. Arranging a re-issued share certificate is often a lengthy process and frustrates many a Cockfosters home move. If a new share is required, do contact the company officers or managing agents (if applicable) for this sooner rather than later.
• You believe that you know the number of years left on your lease but you should double-check by asking your lawyers. A buyer’s lawyer will be unlikely to recommend their client to where the remaining number of years is less than 80 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

After months of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Cockfosters. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

Where there is a missing freeholder or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to arrive at the price.

An example of a Freehold Enfranchisement case for a Cockfosters flat is 23 Beaconsfield Road in July 2013. The Tribunals decided that the amount payable was £31,203 for the freehold. This case was in relation to 2 flats. The unexpired lease term was 70.31 years.

I am the registered owner of a 1st floor flat in Cockfosters, conveyancing having been completed half a dozen years ago. How much will my lease extension cost? Corresponding flats in Cockfosters with an extended lease are worth £238,000. The ground rent is £55 charged once a year. The lease comes to an end on 21st October 2106

With 80 years unexpired we estimate the price of your lease extension to span between £9,500 and £11,000 plus legals.

The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of comprehensive investigations. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. You should not move forward based on this information without first seeking the advice of a professional.