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 they put you in touch with client in New Barnet who can give a testimonial?

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.

If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you laid down wooden flooring? New Barnet leases often stipulate that internal structural alterations or addition of wooden flooring necessitate a licence issued by the Landlord approving such changes. Should you dont have the approvals in place do not communicate with the landlord without contacting your lawyer first.

If you have had any disputes with your freeholder or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be nervous about purchasing a property where there is a current dispute. 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 will still have to reveal particulars of the dispute to the buyers, but it is better to present the dispute as over as opposed to unsettled.

If you have the benefit of shareholding in the Management Company, you should ensure that you are holding the original share certificate. Arranging a duplicate share certificate can be a lengthy formality and frustrates many a New Barnet conveyancing deal. Where a reissued share is required, do contact the company officers or managing agents (if relevant) for this sooner rather than later.

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

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for New Barnet leasehold premises is £350. For New Barnet 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 provide the information.

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.

Other Topics

Lease Extensions in New Barnet