I have just appointed agents to market my garden apartment in Kingsbury.Conveyancing lawyers have not yet been instructed but I have just received a yearly maintenance charge demand – should I leave it to the buyer to sort out?

The sensible thing to do is clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I own a leasehold flat in Kingsbury. Conveyancing and Coventry Building Society mortgage organised. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Kingsbury who previously acted has now retired.What should I do?

First make enquiries of HMLR to be sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. There is no need to instruct a Kingsbury conveyancing practitioner to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am attracted to a two apartments in Kingsbury both have approximately forty five years remaining on the leases. Will this present a problem?

There is no doubt about it. A leasehold flat in Kingsbury is a wasting asset as a result of the reducing lease term. The nearer the lease gets to zero years unexpired, the more it reduces the value of the premises. The majority of purchasers and lenders, leases with under eighty years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Kingsbury conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Do you have any advice for leasehold conveyancing in Kingsbury from the perspective of speeding up the sale process?

• A significant proportion of the delay in leasehold conveyancing in Kingsbury can be avoided where you get in touch lawyers as soon as your agents start advertising the property and ask them to put together the leasehold documentation needed by the purchasers’ lawyers.
• The majority landlords or managing agents in Kingsbury charge for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information sought as soon as you have 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 delay in leasehold conveyancing in Kingsbury.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Most leases in Kingsbury state that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord consenting to such works. Should you dont have the paperwork in place do not communicate with the landlord without contacting your solicitor in advance.
• If you have had any disputes with your landlord 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 concerned about purchasing a flat where a dispute is ongoing. You may have to bite the bullet and discharge 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 details of the dispute to the buyers, but it is better to present the dispute as over rather than unsettled.
• You believe that you know the number of years left on your lease but you should double-check via your conveyancers. A purchaser's lawyer will not be happy to advise their client to where the lease term is less than 75 years. It is therefore 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.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £ 125000 apartment in Kingsbury next week. The landlords agents has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Kingsbury?

Kingsbury conveyancing on leasehold flats more often than not requires the buyer’s lawyer submitting questions for the landlord to address. Although the landlord is not legally bound to address these enquiries the majority will be content to assist. They are entitled levy a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is over three hundred pounds, in some situations it is above £800. The administration charge required by the landlord must be sent together with a synopsis of entitlements and obligations in relation to administration charges, without which the charge is technically not due. Reality however dictates that one has little choice but to pay whatever is demanded if you want to exchange contracts with the buyer.

I am the registered owner of a first floor flat in Kingsbury. In the absence of agreement between myself and 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 Kingsbury conveyancing firm who can help.

An example of a Lease Extension case for a Kingsbury residence is 27B Hillside in February 2010. the resulting premium, all other aspects of the valuation having been agreed between the parties was set at £8,250 This case was in relation to 1 flat. The unexpired term was 70.25 years.

Leasehold Conveyancing in Kingsbury - Sample of Questions you should ask Prior to buying

If a Kingsbury lease has less than eighty years it will affect the marketability of the property. It is worth checking with your lender that they are happy with residual term of the lease. A short lease means that you will almost definitely require a lease extension sooner rather than later and you need to have some idea of what this will be. For most Kingsburylease extensions you will need to own the premises for a couple of years in order to be entitled to exercise a lease extension. It would be sensible to discover if there are any onerous restrictions in the lease. For instance it is fairly common in Kingsbury leases that pets are not allowed in certain buildings in Kingsbury. If you love the apartmentin Kingsbury however your dog can’t make the move with you then you have a very difficult compromise.