Recently asked questions relating to Enfield Town leasehold conveyancing
My husband and I may need to rent out our Enfield Town garden flat for a while due to a new job. We instructed a Enfield Town conveyancing practice in 2001 but they have since shut 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?
Even though your previous Enfield Town conveyancing solicitor is not around you can review your lease to check if you are permitted to let out the property. The accepted inference is that if the deeds are silent, subletting is allowed. There may be a precondition that you are obliged to seek consent from your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet without prior consent. The consent should not be unreasonably turned down. If the lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.
My wife and I purchased a leasehold flat in Enfield Town. Conveyancing and Aldermore mortgage organised. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Enfield Town who acted for me is not around.What should I do?
The first thing you should do is contact HMLR to be sure that this person is in fact the new freeholder. There is no need to instruct a Enfield Town conveyancing solicitor to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am employed by a busy estate agent office in Enfield Town where we see a few leasehold sales put at risk as a result of leases having less than 80 years remaining. I have received contradictory information from local Enfield Town conveyancing solicitors. Could you confirm whether the seller of a flat can instigate the lease extension process for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Can you provide any top tips for leasehold conveyancing in Enfield Town from the point of view of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Enfield Town can be avoided where you get in touch lawyers as soon as you market your property and ask them to put together the leasehold documentation needed by the purchasers’ conveyancers.
- Many landlords or Management Companies in Enfield Town charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Enfield Town.
If all goes to plan we aim to complete our sale of a £475000 flat in Enfield Town in just under a week. The freeholder has quoted £336 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Enfield Town?
Enfield Town conveyancing on leasehold apartments more often than not requires the buyer’s solicitor submitting enquiries for the landlord to address. Although the landlord is not legally bound to address such questions most will be content to assist. They may levy a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is over three hundred pounds, in some cases it is in excess of £800. The administration charge invoiced by the landlord must be sent together with a summary of entitlements and obligations in respect of administration charges, without which the charge is technically not due. In reality you have no choice but to pay whatever is requested of you if you want to sell the property.
I inherited a a ground floor purpose built flat in Enfield Town. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the sum due for a lease extension?
Most definitely. We are happy to put you in touch with a Enfield Town conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Enfield Town property is First Floor Flat 109 Lyndhurst Road in May 2010. Following a vesting order by Edmonton County Court on 29th October 2009 the Tribunal decided on a figure of £5,012 for a lease extension. This case related to 1 flat. The the unexpired term as at the valuation date was 81.79 years.