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While any conveyancing practice can theoretically handle your leasehold conveyancing in Cricklewood, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Cricklewood leasehold conveyancing Example Support Desk Enquiries

Jane (my partner) and I may need to sub-let our Cricklewood ground floor flat temporarily due to a new job. We used a Cricklewood conveyancing firm in 2004 but they have since shut and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?

A lease governs the relationship between the landlord and you the flat owner; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Cricklewood do not contain an absolute prevention of subletting – such a clause would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

I have recently realised that I have Sixty One years unexpired on my lease in Cricklewood. I need to extend my lease but my freeholder is absent. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to find the landlord. On the whole a specialist may be useful to carry out a search and to produce a report to be used as proof that the landlord is indeed missing. It is wise to seek advice from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Cricklewood.

Due to complete next month on a studio apartment in Cricklewood. Conveyancing solicitors have said that they report fully next week. Are there areas in the report that I should be focusing on?

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

  • You should be sent a copy of the lease
  • The physical extent of the property. This will be the property itself but could also incorporate a loft or cellar if applicable.
  • Does the lease prevent you from subletting the flat, or having a home office for business
  • You must be told what constitutes a Nuisance in the lease
  • 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 sinking fund?
  • 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 For a comprehensive list of information to be contained in your report on your leasehold property in Cricklewood please ask your lawyer in ahead of your conveyancing in Cricklewood

    • I am attracted to a couple of apartments in Cricklewood which have in the region of fifty years left on the lease term. Should I regard a short lease as a deal breaker?

    A lease is a right to use the property for a prescribed time frame. As the lease gets shorter the value of the lease deteriorate and it becomes more expensive to extend the lease. For this reason it is advisable to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on properties of this type. Lease enfranchisement can be a difficult process. We recommend you seek professional assistance from a solicitor and surveyor with experience in this arena

    Can you provide any top tips for leasehold conveyancing in Cricklewood with the intention of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Cricklewood can be reduced where you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ representatives.
    • Many landlords or managing agents in Cricklewood charge for supplying management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Cricklewood.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Cricklewood state that internal structural alterations or addition of wooden flooring necessitate a licence from the Landlord consenting to such works. Where you fail to have the approvals to hand do not contact the landlord without checking with your solicitor in the first instance.
  • A minority of Cricklewood leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying 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 purchasers or their solicitors.
  • You believe that you know the number of years remaining on your lease but it would be advisable double-check via your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is under 80 years. In the circumstances it is important at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • Following months of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in Cricklewood. Can we issue an application to the Residential Property Tribunal Service?

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

    An example of a Freehold Enfranchisement case for a Cricklewood property is 73 and 73a St. Pauls Avenue in October 2013. the Tribunal held in accordance with section32 and Schedule 6 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the enfranchisement was fifty three thousand three hundred and sixty one pounds (£53,361.00) This case affected 2 flats. The unexpired term was 64.61 and 67.18.

    Other Topics

    Lease Extensions in Cricklewood