Guaranteed fixed fees for Leasehold Conveyancing in Friern Barnet

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Questions and Answers: Friern Barnet leasehold conveyancing

Due to exchange soon on a ground floor flat in Friern Barnet. Conveyancing solicitors assured me that they report fully next week. Are there areas in the report that I should be focusing on?

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

  • How long the lease is You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark
  • Setting out your legal entitlements in respect of common areas in the building.E.G., does the lease provide for a right of way over a path or hallways?
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • You should be told what constitutes a Nuisance in the lease
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • Responsibility for repairing the window frames
  • What you can do if a neighbour is in violation of a provision in their lease? For a comprehensive list of 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

    • I have just appointed agents to market my ground floor flat in Friern Barnet.Conveyancing is yet to be initiated but I have just received a quarterly maintenance charge demand – Do I pay up?

    The sensible thing to do is discharge the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

    I own a leasehold flat in Friern Barnet. Conveyancing and Virgin Money mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1996. The conveyancing practitioner in Friern Barnet who acted for me is not around.Any advice?

    First make enquiries of HMLR to be sure that this person is indeed the new freeholder. It is not necessary to incur the fees of a Friern Barnet conveyancing lawyer to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    What advice can you give us when it comes to choosing a Friern Barnet conveyancing practice to deal with our lease extension?

    When appointing a conveyancer for your lease extension (regardless if they are a Friern Barnet conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Friern Barnet conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

    • How many lease extensions have they carried out in Friern Barnet in the last twenty four months?
  • What are the costs for lease extension conveyancing?

    • Can you provide any advice for leasehold conveyancing in Friern Barnet with the intention of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in Friern Barnet can be reduced if you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ solicitors.
    • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Friern Barnet state that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord approving such works. If you fail to have the paperwork in place do not contact the landlord without checking with your lawyer in the first instance.
  • A minority of Friern Barnet leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If there is a history of conflict with your freeholder or managing agents it is essential that these are settled before the property is marketed. The buyers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may need to swallow your pride and discharge 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 prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as historic rather than unresolved.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you are holding the original share certificate. Organising a replacement share certificate is often a lengthy process and slows down many a Friern Barnet conveyancing transaction. Where a new share is required, you should approach the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

    • I am the proprietor of a two-bedroom flat in Friern Barnet. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the premium payable for the purchase of the freehold?

    Most definitely. We can put you in touch with a Friern Barnet conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a Friern Barnet premises is 34 Poplar Grove in June 2013. The Tribunal directed that the premium for the lease extension should be in the sum of £10,250. This case related to 1 flat.

    Other Topics

    Lease Extensions in Friern Barnet