Fixed-fee leasehold conveyancing in Kilburn:

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Top Five Questions relating to Kilburn leasehold conveyancing

Planning to sign contracts shortly on a studio apartment in Kilburn. Conveyancing solicitors have said that they report fully on Monday. Are there areas in the report that I should be focusing on?

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

  • You should be sent a copy of the lease
  • How long the lease is You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
  • The physical extent of the premises. This will be the apartment itself but could also include a roof space or basement if appropriate.
  • Whether the lease restricts you from renting out the property, or working from home
  • You should have a good understanding of the insurance provisions
  • What options are open to you if a neighbour breach a clause of their lease?
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Kilburn please enquire of your lawyer in ahead of your conveyancing in Kilburn

    • I've found a house that seems to meet my requirements, at a great price 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 issues buying a house with a leasehold title in Kilburn. Conveyancing solicitors have are soon to be appointed. Will they explain the issues?

    Most houses in Kilburn are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Kilburn so you should seriously consider looking for a Kilburn conveyancing practitioner and check that they have experience in dealing with 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 such as obtaining the freeholder’sconsent to conduct alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your conveyancer should report to you on the legal implications.

    Last month I purchased a leasehold property in Kilburn. Do I have any liability for service charges for periods before completion of my purchase?

    Where the service charge has already been demanded from the previous owner 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. It is an essential part 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).

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

    If you are instructing a property lawyer for lease extension works (regardless if they are a Kilburn conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Kilburn conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

    • How experienced is the firm with lease extension legislation?
  • Can they put you in touch with client in Kilburn who can give a testimonial?

    • Can you provide any top tips for leasehold conveyancing in Kilburn from the point of view of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Kilburn can be bypassed if you get in touch lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information needed by the purchasers’ conveyancers.
    • Many landlords or Management Companies in Kilburn levy fees for supplying management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information sought on or before finding a buyer, thus accelerating the process. The average 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 residence would they have required Landlord’s permission? In particular have you installed wooden flooring? Kilburn leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord consenting to such changes. Should you fail to have the paperwork in place you should not contact the landlord without checking with your solicitor first.
  • If you have had conflict with your landlord or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers 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 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 buyers, but it is clearly preferable to present the dispute as over rather than unsettled.
  • If you hold a share in a the Management Company, you should ensure that you are holding the original share document. Organising a re-issued share certificate can be a time consuming process and frustrates many a Kilburn conveyancing transaction. Where a reissued share is necessary, you should approach the company officers or managing agents (where relevant) for this at the earliest opportunity.

    • After years of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Kilburn. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

    Where there is a missing landlord or if there is dispute about the premium for a lease extension, under the relevant legislation you can apply to the Leasehold Valuation Tribunal to judgment on the premium.

    An example of a Freehold Enfranchisement matter before the tribunal 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 unexpired lease term was 70.02 years.

    Other Topics

    Lease Extensions in Kilburn