I wish to let out my leasehold flat in Kilburn. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Some leases for properties in Kilburn do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

Planning to exchange soon on a studio apartment in Kilburn. Conveyancing lawyers inform me that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

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

• Setting out your rights in relation to the communal areas in the block.For instance, does the lease permit a right of way over a path or hallways?

An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has

Repair and maintenance of the flat

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

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.

Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?

Responsibility for repairing the window frames For details of the information to be contained in your report on your leasehold property in Kilburn please ask your conveyancer in advance of your conveyancing in Kilburn

I am employed by a busy estate agent office in Kilburn where we have witnessed a number of flat sales put at risk due to short leases. I have been given contradictory information from local Kilburn conveyancing firms. Can you confirm whether the owner of a flat can start the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner 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 buyer can avoid having 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 disposal of the property.

An alternative approach is 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 buyer.

Can you provide any top tips for leasehold conveyancing in Kilburn with the purpose of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Kilburn can be bypassed where you get in touch lawyers as soon as you market your property and request that they start to collate the leasehold documentation needed by the buyers lawyers.
• The majority landlords or Management Companies in Kilburn charge for supplying management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Kilburn.

If you have carried out any alterations to the premises would they have required Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Kilburn state that internal structural changes or laying down wooden flooring calls for a licence from the Landlord consenting to such alterations. Should you dont have the paperwork to hand do not contact the landlord without checking with your solicitor first.

If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share certificate. Obtaining a replacement share certificate is often a time consuming formality and frustrates many a Kilburn home move. If a reissued share certificate is needed, you should approach the company director and secretary or managing agents (if applicable) for this as soon as possible.

You believe that you know the number of years remaining on your lease but you should verify this via your lawyers. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the lease term is under 75 years. In the circumstances it is essential at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

All being well we will complete the disposal of our £175000 maisonette in Kilburn in just under a week. The managing agents has quoted £360 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Kilburn?

For the majority of leasehold sales in Kilburn conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Addressing pre-exchange questions
• Where consent is required before sale in Kilburn
• 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 lawyer will have no control over the level of the charges for this information but the average costs for the information for Kilburn leasehold property is £350. For Kilburn 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 required to supply the information.

I inherited a first floor flat in Kilburn. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal make a decision on the premium due for the purchase of the freehold?

if there is a absentee freeholder or where there is disagreement about what the lease extension should cost, under the relevant legislation it is possible to make an application to the LVT to calculate the price.

An example of a Freehold Enfranchisement decision for a Kilburn property is 4 & 4A Charteris Road in June 2009. the Tribunal held that the price to be paid for the enfranchisement of 4/4a Charteris Road to be £15,510 for at 4and £15,694 for at 4a This case was in relation to 2 flats. The remaining number of years on the lease was 70.02 years.

Other Topics

Lease Extensions in Kilburn