I've found a house that seems to tick a lot of boxes, at a great figure which is making it all the more appealing. I have since discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Ickenham. Conveyancing advisers have are about to be instructed. Will they explain the issues?

Most houses in Ickenham are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Ickenham in which case you should be looking for a Ickenham conveyancing practitioner and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’spermission to conduct changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the property is located on an estate. Your lawyer should report to you on the legal implications.

I've recently bought a leasehold flat in Ickenham. Am I liable to pay service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure 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).

I am a negotiator for a busy estate agent office in Ickenham where we see a few flat sales put at risk due to short leases. I have received contradictory information from local Ickenham conveyancing solicitors. Can you clarify whether the seller of a flat can instigate the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.

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 are your top tips when it comes to finding a Ickenham conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Ickenham conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Ickenham conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• How experienced is the practice with lease extension legislation?
• If the firm is not ALEP accredited then what is the reason?

Do you have any top tips for leasehold conveyancing in Ickenham from the perspective of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Ickenham can be reduced where you instruct lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the buyers conveyancers.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Ickenham state that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord consenting to such alterations. Where you fail to have the approvals in place do not communicate with the landlord without contacting your lawyer first.
• Some Ickenham leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet the annual 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 buyers and their solicitors will be reluctant to purchase a property where a dispute is unsettled. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic rather than ongoing.
• If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share document. Obtaining a re-issued share certificate is often a lengthy formality and slows down many a Ickenham home move. Where a reissued share certificate is required, you should approach the company officers or managing agents (if applicable) for this at the earliest opportunity.

I have given up trying to reach an agreement for a lease extension in Ickenham. Can this matter be resolved via the Leasehold Valuation Tribunal?

Most certainly. We are happy to 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 premises is Flat 72 Queens Walk in January 2013. The Tribunals calculated the premium payable to be £22,090. This case affected 1 flat. The the number of years remaining on the existing lease(s) was 53.26 years.

Leasehold Conveyancing in Ickenham - Sample of Queries Prior to buying

Be sure to find out if there is anything that is prohibited in the lease. For example it is very common in Ickenham leases that pets are not permitted in certain buildings in Ickenham. If you love the propertyin Ickenham yet your dog is not allowed to move with you then you will be presented with a difficult decision. On the whole the outlay for major works are not built into the service charges, although there some managing agents in Ickenham require tenants to pay into a reserve fund created for the specific purpose of establishing a fund for major repairs or maintenance.