I wish to let out my leasehold apartment in Primrose Hill. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Even though your last Primrose Hill conveyancing solicitor is not available you can check your lease to check if you are permitted to let out the apartment. The rule is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain permission via your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet without first obtaining permission. The consent is not allowed to be unreasonably turned down. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.

I have just started marketing my garden apartment in Primrose Hill.Conveyancing solicitors are to be appointed soon but I have just had a quarterly service charge demand – what should I do?

The sensible thing to do is pay 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 until 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. Having a clear account will assist your cause and will leave you no worse off financially.

I've recently bought a leasehold property in Primrose Hill. Am I liable to pay service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, 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).

I am a negotiator for a reputable estate agent office in Primrose Hill where we have witnessed a few leasehold sales jeopardised as a result of short leases. I have been given conflicting advice from local Primrose Hill conveyancing firms. Please can you confirm whether the seller of a flat can commence the lease extension process for the buyer?

As long as the seller has owned the lease 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 need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder 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.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £ 400000 maisonette in Primrose Hill in seven days. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Primrose Hill?

Primrose Hill conveyancing on leasehold flats normally necessitates the purchaser’s solicitor submitting questions for the landlord to address. Although the landlord is under no legal obligation to address such questions most will be content to assist. They may levy a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some situations it is above £800. The management information fee levied by the landlord must be accompanied by a summary of rights and obligations in relation to administration charges, otherwise the charge is not strictly payable. In reality you have no option but to pay whatever is requested of you should you wish to sell the property.

I inherited a a ground floor purpose built flat in Primrose Hill. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal make a decision on the premium due for the purchase of the freehold?

Absolutely. We are happy to put you in touch with a Primrose Hill conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Primrose Hill residence is Flat 2 27 Mackeson Road in December 2012. The Tribunal assessed the value of the lease extension premium at £35,435 and rounded the figure to £35,500 This case affected 1 flat. The unexpired term was 64.77 years.

Primrose Hill Leasehold Conveyancing - Examples of Questions you should consider Prior to Purchasing

Many Primrose Hill leasehold apartments will incur a service charge for maintenance of the building levied on behalf of the freeholder. Should you purchase the flat you will have to meet this charge, normally in instalments during the year. This can vary from several hundred pounds to thousands of pounds for large purpose-built blocks. In all probability there will be a ground rent for you to pay annual, normally this is not a exorbitant figure, say around £50-£100 but you should to check it because sometimes it could be prohibitively expensive. How much is the ground rent and service charge? The answer will be important as a) areas can cause problems for the block as the communal areas may start to deteriorate where maintenance are not paid for b) if the leasehold owners have an issue with the managing agents you will need to know about it