Jane (my partner) and I may need to rent out our Highbury 1st floor flat temporarily due to taking a sabbatical. We used a Highbury conveyancing firm in 2001 but they have since shut and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?

Your lease dictates the relationship between the landlord and you the leaseholder; in particular, it will indicate if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Highbury do not prevent an absolute prevention of subletting – such a clause would undoubtedly devalue the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

Looking forward to sign contracts shortly on a garden flat in Highbury. Conveyancing lawyers inform me that they will have a report out to me next week. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Highbury should include some of the following:

• You must be told what constitutes a Nuisance in the lease
• Whether your lease has a provision for a sinking fund?
• Changes to the flat (alterations and additions)
• I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
• What you can do if a neighbour breach a clause of their lease?

I today plan to offer on a house that seems to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have just found out that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Highbury. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Highbury ?

The majority of houses in Highbury are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Highbury in which case you should be looking for a Highbury conveyancing practitioner and check that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct changes to the property. You may also be required to pay a contribution towards the maintenance of the estate where the property is part of an estate. Your conveyancer will advise you fully on all the issues.

I am looking at a two flats in Highbury both have approximately 50 years left on the leases. Will this present a problem?

There are plenty of short leases in Highbury. The lease is a right to use the premises for a period of time. As a lease gets shorter the marketability of the lease decreases and it becomes more costly to extend the lease. This is why it is often a good idea to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We advise that you get professional assistance from a conveyancer and surveyor with experience in this area

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £ 275000 apartment in Highbury in seven days. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Highbury?

Highbury conveyancing on leasehold flats often involves the buyer’s solicitor submitting questions for the landlord to address. Although the landlord is not legally bound to answer such questions most will be willing to assist. They are entitled invoice a reasonable charge for responding to questions or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some cases it exceeds £800. The management information fee invoiced by the landlord must be sent together with a summary of entitlements and obligations in respect of administration fees, otherwise the invoice is technically not due. In reality one has no choice but to pay whatever is requested of you if you want to sell the property.

I own a ground-floor 1960’s flat in Highbury. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the sum due for a lease extension?

Most certainly. We are happy to put you in touch with a Highbury conveyancing firm who can help.

An example of a Lease Extension decision for a Highbury premises is Lower Flat 16A Beatty Road in September 2012. The premium payable was £13,577. The terms of the lease has been agreed between the Applicants and the First Respondent and the Tribunal did not seek to disturb that agreement. This case affected 1 flat.

Highbury Conveyancing for Leasehold Flats - A selection of Questions you should consider before Purchasing

This information is helpful as a) areas may result in problems in the block as the communal areas may start to deteriorate where maintenance remain unpaid b) if the tenants have a dispute with the running of the building you will want to know about it