I've found a house that appears to be perfect, at a reasonable figure which is making it all the more appealing. I have subsequently discovered that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a leasehold house in Ickenham. Conveyancing lawyers have are about to be instructed. Will they explain the issues?

Most houses in Ickenham are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Ickenham in which case you should be looking for a Ickenham conveyancing solicitor and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’sconsent to carry out alterations. It may be necessary to pay a service charge towards the upkeep of the communal areas where the property is part of an estate. Your lawyer should appraise you on the various issues.

I am attracted to a two apartments in Ickenham which have approximately 50 years remaining on the lease term. Should I regard a short lease as a deal breaker?

There are plenty of short leases in Ickenham. The lease is a right to use the property for a period of time. As a lease gets shorter the saleability of the lease reduces and results in it becoming more expensive to extend the lease. For this reason it is advisable to extend the lease term. It is often difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on properties of this type. Lease extension can be a protracted process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this arena

Can you offer any advice when it comes to appointing a Ickenham conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a Ickenham 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 speak with two or three firms including non Ickenham conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:

• What volume of lease extensions have they carried out in Ickenham in the last year?

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

Can you provide any top tips for leasehold conveyancing in Ickenham from the perspective of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Ickenham can be avoided if you get in touch lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold documentation needed by the purchasers’ conveyancers.
• In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Ickenham leases often stipulate that internal structural alterations or laying down wooden flooring require a licence issued by the Landlord consenting to such works. Where you fail to have the consents in place you should not contact the landlord without contacting your solicitor first.

A minority of Ickenham leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are 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 service charge figures so that they can pass this information on to the buyers or their solicitors.

If you have had conflict with your landlord or managing agents it is very important that these are settled prior to the flat being marketed. The purchasers and their solicitors will be warry about purchasing a flat where a dispute is unresolved. You will have to accept that you will have to 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 buyers, but it is better to present the dispute as historic rather than unsettled.

If you hold a share in a the freehold, you should make sure that you have the original share document. Obtaining a re-issued share certificate is often a lengthy formality and delays many a Ickenham conveyancing transaction. Where a new share certificate is needed, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £225000 maisonette in Ickenham next week. The landlords agents has quoted £348 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Ickenham?

For most leasehold sales in Ickenham conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Addressing pre-contract enquiries
• Where consent is required before sale in Ickenham
• 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 solicitor will have no control over the level of the charges for this information but the average costs for the information for Ickenham leasehold property is £350. For Ickenham 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.

Having spent years of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in Ickenham. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

Absolutely. We can put you in touch with a Ickenham conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Ickenham residence is Flat 72 Queens Walk in January 2013. The Tribunals calculated the premium payable to be £22,090. This case was in relation to 1 flat. The the number of years remaining on the existing lease(s) was 53.26 years.

Other Topics

Lease Extensions in Ickenham