I am on look out for some leasehold conveyancing in Highams Park. Before diving in I would like to find out the remaining lease term.

If the lease is registered - and most are in Highams Park - 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 want to let out my leasehold flat in Highams Park. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Notwithstanding that your last Highams Park conveyancing lawyer is not available you can check your lease to see if it allows you to sublet the premises. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you must obtain consent via your landlord or other appropriate person prior to subletting. This means you not allowed to sublet without first obtaining consent. Such consent should not be unreasonably withheld. If your lease does not allow you to sublet you will need to ask your landlord for their consent.

Last month I purchased a leasehold property in Highams Park. Do I have any liability for service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Can you provide any advice for leasehold conveyancing in Highams Park with the aim of expediting the sale process?

• Much of the delay in leasehold conveyancing in Highams Park can be avoided where you appoint lawyers as soon as you market your property and ask them to put together the leasehold information needed by the buyers representatives.
• Many freeholders or managing agents in Highams Park levy fees 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 pack sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Highams Park.
• If you have carried out any alterations to the property would they have required Landlord’s consent? Have you, for example installed wooden flooring? Highams Park leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence from the Landlord approving such alterations. If you fail to have the approvals to hand do not communicate with the landlord without contacting your conveyancer in the first instance.
• If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share document. Organising a re-issued share certificate is often a lengthy formality and slows down many a Highams Park home move. Where a new share is needed, you should approach the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.
• You believe that you know the number of years left on your lease but you should double-check by asking your lawyers. A purchaser's lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is less than 80 years. In the circumstances it is important at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

I have attempted and failed to negotiate with my landlord for a lease extension without success. Can a leaseholder make an application to the Leasehold Valuation Tribunal? Can you recommend a Highams Park conveyancing firm to help?

Most certainly. We can put you in touch with a Highams Park conveyancing firm who can help.

An example of a Freehold Enfranchisement case for a Highams Park premises is 48 Greenleaf Road in December 2009. the lessees sought to exercise their right to purchase the freehold from the landlord by way of collective enfranchisement in accordance with the Leasehold Reform Housing and Urban Development Act 1993.The landlord could not be found.A vesting order was granted from the Bow County Court on 10 September 2007 (Claim No: 8BO04141). The Tribunal held that the premium to be paid was £3,850 This case was in relation to 2 flats. The the unexpired residue of the current lease was 104 years.

Are there common problems that you witness in leases for Highams Park properties?

There is nothing unique about leasehold conveyancing in Highams Park. All leases are unique and drafting errors can sometimes mean that certain provisions are erroneous. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the property
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• 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 primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Barnsley Building Society, and Britannia all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the buyer to withdraw.

I bought a split level flat in Highams Park, conveyancing was carried out half a dozen years ago. Can you work out an approximate cost of a lease extension? Corresponding properties in Highams Park with over 90 years remaining are worth £256,000. The average or mid-range amount of ground rent is £50 levied per year. The lease runs out on 21st October 2095

With only 69 years remaining on your lease we estimate the price of your lease extension to span between £10,500 and £12,000 plus legals.

The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs without more detailed due diligence. Do not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information without first seeking the advice of a professional.