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When it comes to leasehold conveyancing in Friern Barnet, you will need to chose a conveyancing lawyer with leasehold experience. Whether your mortgage company is to be Halifax, Birmingham Midshires or NatWest make sure you find a lawyer on their panel. Feel free to use our search tool

Recently asked questions relating to Friern Barnet leasehold conveyancing

I would like to let out my leasehold apartment in Friern Barnet. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

A small minority of properties in Friern Barnet do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

I only have Sixty One years remaining on my flat in Friern Barnet. I need to get lease extension but my freeholder is absent. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application 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. However, you will be required to demonstrate that you have used your best endeavours to track down the freeholder. On the whole an enquiry agent may be useful to carry out a search and prepare an expert document which can be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to devolving into the landlord’s absence and the application to the County Court covering Friern Barnet.

Looking forward to sign contracts shortly on a studio apartment in Friern Barnet. Conveyancing solicitors assured me that they will have a report out to me on Monday. What should I be looking out for?

Your report on title for your leasehold conveyancing in Friern Barnet should include some of the following:

  • You should receive a copy of the lease
  • The length of the lease term You should be advised as what happens when the lease expires, and aware of the importance of the 80 year mark
  • Does the lease prevent you from renting out the property, or working from home
  • You need to be told what constitutes a Nuisance in the lease
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • 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
  • Responsibility for repairing the window frames For details of the information to be included in your report on your leasehold property in Friern Barnet please ask your solicitor in advance of your conveyancing in Friern Barnet

    • What advice can you give us when it comes to finding a Friern Barnet conveyancing practice to carry out our lease extension conveyancing?

    If you are instructing a property lawyer for lease extension works (regardless if they are a Friern Barnet conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Friern Barnet conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

    • What volume of lease extensions have they carried out in Friern Barnet in the last 12 months?
  • What are the costs for lease extension work?

    • Do you have any advice for leasehold conveyancing in Friern Barnet from the perspective of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Friern Barnet can be avoided where you appoint lawyers as soon as your agents start marketing the property and ask them to put together the leasehold information which will be required by the purchasers’ lawyers.
    • Many freeholders or managing agents in Friern Barnet charge for providing management packs for a leasehold premises. 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 typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Friern Barnet.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Friern Barnet leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord approving such changes. If you dont have the paperwork to hand you should not contact the landlord without contacting your solicitor first.
  • If there is a history of any disputes with your freeholder or managing agents it is very important that these are resolved prior to the flat being marketed. The buyers and their solicitors will be warry about purchasing a flat where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or settle 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 are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to present the dispute as historic rather than ongoing.
  • If you hold a share in a the Management Company, you should make sure that you have the original share certificate. Obtaining a new share certificate can be a time consuming formality and frustrates many a Friern Barnet conveyancing deal. Where a reissued share certificate is needed, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later.

    • My wife and I have hit a brick wall in trying to purchase the freehold in Friern Barnet. Can this matter be resolved via the Leasehold Valuation Tribunal?

    in cases where there is a missing landlord or where there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to decide the sum to be paid.

    An example of a Lease Extension matter before the tribunal for a Friern Barnet premises is 90 & 96 Poplar Grove in June 2013. It was held by the Tribunal that the premium to be paid for the new lease in respect of each of the flats referred should be £17,942 This case affected 2 flats. The the number of years remaining on the existing lease(s) was 68 years.

    Other Topics

    Lease Extensions in Friern Barnet