I am on look out for some leasehold conveyancing in Enfield Lock. Before diving in I want to be sure as to the unexpired term of the lease.

If the lease is recorded at the land registry - and almost all are in Enfield Lock - 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.

Jane (my partner) and I may need to rent out our Enfield Lock ground floor flat temporarily due to taking a sabbatical. We used a Enfield Lock conveyancing practice in 2002 but they have closed and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A lease dictates relations between the landlord and you the leaseholder; specifically, it will say if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Enfield Lock do not contain an absolute prevention of subletting – such a clause would adversely affect the market value the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

What advice can you give us when it comes to choosing a Enfield Lock conveyancing firm to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Enfield Lock conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with two or three firms including non Enfield Lock conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• What volume of lease extensions have they conducted in Enfield Lock in the last year?
• What are the legal fees for lease extension conveyancing?

Can you provide any top tips for leasehold conveyancing in Enfield Lock from the perspective of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Enfield Lock can be avoided if you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ solicitors.
• The majority freeholders or Management Companies in Enfield Lock charge for providing management packs for a leasehold homes. You or your lawyers should find out 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 delay in leasehold conveyancing in Enfield Lock.
• A minority of Enfield Lock 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 put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are able to meet 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 buyers or their solicitors.
• If there is a history of any disputes with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The buyers and their solicitors will be concerned about purchasing a flat where a dispute is ongoing. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to present the dispute as over rather than unsettled.
• If you are supposed to have a share in the freehold, you should ensure that you hold the original share document. Arranging a new share certificate is often a time consuming formality and delays many a Enfield Lock conveyancing transaction. Where a duplicate share is necessary, do contact the company officers or managing agents (if relevant) for this at the earliest opportunity.

I have had difficulty in seeking a lease extension in Enfield Lock. Can the Leasehold Valuation Tribunal adjudicate on premiums?

Most definitely. We are happy to put you in touch with a Enfield Lock conveyancing firm who can help.

An example of a Vesting Order and Purchase of freehold case for a Enfield Lock flat is Ground Floor Flat 4A Baronet Road in February 2010. Following a vesting order by Edmonton County Court on 23rd December 2008 (case number 8ED064) the Tribunal decided that the price that the Applicant for the freehold interest should pay is £8,689.00 This case affected 2 flats. The the unexpired residue of the current lease was 80.01 years.

What are the frequently found problems that you see in leases for Enfield Lock properties?

There is nothing unique about leasehold conveyancing in Enfield Lock. All leases is drafted differently and legal mistakes in the legal wording can result in certain sections are erroneous. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the property
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, Bank of Scotland, and Aldermore all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the purchaser to withdraw.

Enfield Lock Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to buying

For many Enfield Lock leaseholds the cost for major works tend not to be wrapped into the service charges, although some managing agents in Enfield Lock obliged leaseholders to contribute towards a reserve fund created for the specific intention of establishing a fund for larger works. What prohibitions are contained in the Enfield Lock Lease?