I am hoping to put an offer on a small detached house that seems to be perfect, at a great figure which is making it all the more appealing. I have subsequently been informed that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Hillingdon. Conveyancing solicitors have are about to be instructed. Will they explain the issues?

The majority of houses in Hillingdon are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Hillingdon in which case you should be looking for a Hillingdon conveyancing practitioner and be sure that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’spermission to conduct changes to the property. It may be necessary to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your solicitor will advise you fully on all the issues.

I am employed by a busy estate agent office in Hillingdon where we have experienced a number of flat sales derailed as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Hillingdon conveyancing solicitors. Could you shed some light as to whether the vendor of a flat can start the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

What advice can you give us when it comes to appointing a Hillingdon conveyancing firm to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Hillingdon conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Hillingdon conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

• How familiar is the practice with lease extension legislation?

Can they put you in touch with client in Hillingdon who can give a testimonial?

Can you provide any advice for leasehold conveyancing in Hillingdon from the perspective of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Hillingdon can be bypassed where you appoint lawyers as soon as you market your property and request that they start to collate the leasehold information needed by the buyers lawyers.
• Many landlords or managing agents in Hillingdon levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Hillingdon.

In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Hillingdon state that internal structural alterations or addition of wooden flooring calls for a licence from the Landlord consenting to such alterations. If you dont have the approvals in place you should not communicate with the landlord without contacting your lawyer in advance.

If there is a history of any disputes with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of 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 present the dispute as over as opposed to ongoing.

If you hold a share in a the Management Company, you should make sure that you have the original share certificate. Obtaining a re-issued share certificate is often a time consuming formality and frustrates many a Hillingdon conveyancing deal. If a reissued share certificate is required, do contact the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

All being well we will complete the sale of our £250000 flat in Hillingdon in just under a week. The managing agents has quoted £312 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Hillingdon?

Hillingdon conveyancing on leasehold flats usually results in administration charges invoiced by managing agents :

• Completing conveyancing due diligence enquiries
• Where consent is required before sale in Hillingdon
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Hillingdon leasehold premises is £350. For Hillingdon conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide answers.

I am the proprietor of a first floor flat in Hillingdon. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal make a decision on the sum due for the purchase of the freehold?

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

An example of a Freehold Enfranchisement decision for a Hillingdon property is 164 Nestles Avenue in October 2013. The tribunal agreed with the proposed price of £20,158 for the freehold and determined that that sum is the amount to be paid into court This case affected 2 flats. The remaining number of years on the lease was 69 years.

Other Topics

Lease Extensions in Hillingdon