Recently asked questions relating to East Barnet leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in East Barnet. Before diving in I would like to find out the unexpired term of the lease.
Assuming the lease is registered - and most are in East Barnet - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I am intending to sublet my leasehold apartment in East Barnet. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?
Even though your previous East Barnet conveyancing lawyer is not available you can review your lease to check if you are permitted to let out the apartment. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you need to seek consent from your landlord or some other party prior to subletting. This means that you cannot sublet in the absence of first obtaining permission. Such consent must not not be unreasonably turned down. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.
Having checked my lease I have discovered that there are only Fifty years left on my lease in East Barnet. I now wish to get lease extension but my freeholder is can not be found. What should I do?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to prove that you or your lawyers have done all that could be expected to track down the freeholder. In some cases an enquiry agent would be useful to conduct investigations and to produce a report to be used as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer in relation to proving the landlord’s absence and the vesting order request to the County Court covering East Barnet.
What are your top tips when it comes to finding a East Barnet conveyancing firm to carry out our lease extension conveyancing?
When appointing a conveyancer for lease extension works (regardless if they are a East Barnet conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non East Barnet conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:
- How experienced is the firm with lease extension legislation?
Do you have any advice for leasehold conveyancing in East Barnet from the perspective of expediting the sale process?
- A significant proportion of the frustration in leasehold conveyancing in East Barnet can be reduced if you appoint lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation needed by the buyers conveyancers.
- In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Most leases in East Barnet state that internal structural changes or addition of wooden flooring calls for a licence issued by the Landlord approving such works. Should you dont have the paperwork to hand do not communicate with the landlord without contacting your solicitor in the first instance.
I have had difficulty in trying to purchase the freehold in East Barnet. Can this matter be resolved via the Leasehold Valuation Tribunal?
Absolutely. We can put you in touch with a East Barnet conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a East Barnet residence 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 the unexpired residue of the current lease was 70.31 years.