Fixed-fee leasehold conveyancing in Highgate:

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Any conveyancing practice can theoretically handle your leasehold conveyancing in Highgate, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Highgate leasehold conveyancing: Q and A’s

Having had my offer accepted I require leasehold conveyancing in Highgate. Before I set the wheels in motion I would like to find out the remaining lease term.

Assuming the lease is registered - and 99.9% are in Highgate - 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.

Planning to complete next month on a leasehold property in Highgate. Conveyancing lawyers assured me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

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

  • You should receive a copy of the lease
  • The physical extent of the premises. This will be the apartment itself but could also include a roof space or basement if applicable.
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Are you allowed to have a pet in the flat?
  • Does the lease prevent you from letting out the flat, or having a home office for business
  • Whether your lease has a provision for a sinking fund?
  • 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 For details of the information to be contained in your report on your leasehold property in Highgate please ask your conveyancer in advance of your conveyancing in Highgate

    • I’m about to sell my basement apartment in Highgate.Conveyancing has not commenced but I have just received a yearly service charge demand – should I leave it to the buyer to sort out?

    Your conveyancing lawyer is likely to suggest that you should pay the invoice 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 management companies will not acknowledge the buyer until 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. This will smooth the conveyancing process.

    Can you offer any advice when it comes to finding a Highgate conveyancing practice to carry out our lease extension conveyancing?

    When appointing a conveyancer for your lease extension (regardless if they are a Highgate conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Highgate conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:

    • If the firm is not ALEP accredited then why not?
  • What are the legal fees for lease extension work?

    • Do you have any advice for leasehold conveyancing in Highgate with the aim of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Highgate can be avoided where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information needed by the purchasers’ conveyancers.
    • The majority freeholders or Management Companies in Highgate levy fees for supplying management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Highgate.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Highgate state that internal structural alterations or addition of wooden flooring necessitate a licence from the Landlord approving such alterations. If you dont have the approvals to hand do not communicate with the landlord without checking with your lawyer before hand.
  • A minority of Highgate leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
  • If there is a history of any disputes with your freeholder or managing agents it is essential that these are settled before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a property where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or resolve 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 will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic as opposed to ongoing.

    • I own a first flat in Highgate. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal make a decision on the premium payable for a lease extension?

    You certainly can. We can put you in touch with a Highgate conveyancing firm who can help.

    An example of a Lease Extension decision for a Highgate flat is Flat 2A 19 Shepherds Hill in June 2014. The tribunal concluded in accordance with section 48 and schedule 13 of the Leasehold Reform,Housing and Urban Development Act (the 1993 Act) that the premium payable in respect of the grant of a new lease for the Flat be £24,303 (twenty four thousand three hundred and three pounds) This case related to 1 flat. The the number of years remaining on the existing lease(s) was 67.85 years.

    Other Topics

    Lease Extensions in Highgate