Examples of recent questions relating to leasehold conveyancing in New Barnet
Jane (my partner) and I may need to rent out our New Barnet garden flat temporarily due to taking a sabbatical. We used a New Barnet conveyancing firm in 2003 but they have since shut and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?
Notwithstanding that your previous New Barnet conveyancing solicitor is no longer around you can review your lease to check if it allows you to sublet the property. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you need to seek consent from your landlord or some other party in advance of subletting. The net result is that you cannot sublet without prior permission. Such consent is not allowed to be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.
I only have 72 years unexpired on my flat in New Barnet. I am keen to extend my lease but my landlord is missing. What should I do?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. You will be obliged to prove that you or your lawyers have made all reasonable attempts to locate the freeholder. For most situations a specialist should be useful to try and locate and prepare a report which can be used as proof that the landlord can not be located. It is advisable to get professional help from a conveyancer in relation to investigating the landlord’s absence and the application to the County Court overseeing New Barnet.
Can you offer any advice when it comes to choosing a New Barnet conveyancing practice to deal with our lease extension?
If you are instructing a conveyancer for lease extension works (regardless if they are a New Barnet conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non New Barnet conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:
- If they are not ALEP accredited then why not?
Can you provide any advice for leasehold conveyancing in New Barnet with the intention of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in New Barnet can be reduced where you instruct lawyers as soon as your agents start marketing the property and ask them to put together the leasehold documentation needed by the buyers conveyancers.
- The majority freeholders or Management Companies in New Barnet levy fees for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management pack 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 usual cause of delay in leasehold conveyancing in New Barnet.
Completion in due on the disposal of our £225000 maisonette in New Barnet in just under a week. The freeholder has quoted £348 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in New Barnet?
New Barnet conveyancing on leasehold apartments typically results in fees being invoiced by freeholders :
- Completing pre-contract questions
- Where consent is required before sale in New Barnet
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Following months of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in New Barnet. Can we issue an application to the Residential Property Tribunal Service?
You certainly can. We can put you in touch with a New Barnet conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a New Barnet premises is Flat 2 2 Netherfield Road in April 2010. The Tribunale held that premium payable for a 90 year extension to the existing Lease should be £7,705. This case affected 1 flat. The the unexpired term as at the valuation date was 76 years.