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Examples of recent questions relating to leasehold conveyancing in Seven Sisters

Helen (my wife) and I may need to sub-let our Seven Sisters ground floor flat temporarily due to a new job. We used a Seven Sisters conveyancing firm in 2003 but they have closed and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A lease dictates the relationship between the freeholder and you the flat owner; specifically, it will set out if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Seven Sisters do not prevent strict prohibition on subletting – such a clause would adversely affect the market value the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

I am hoping to sign contracts shortly on a basement flat in Seven Sisters. Conveyancing lawyers assured me that they report fully within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in Seven Sisters should include some of the following:

  • You should be sent a copy of the lease
  • The physical extent of the demise. This will be the property itself but could also include a roof space or basement if applicable.
  • Defining your legal entitlements in respect of common areas in the block.For instance, does the lease provide for a right of way over an accessway or staircase?
  • Are you allowed to have a pet in the flat?
  • You should be told what constitutes a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Changes to the flat (alterations and additions) For details of the information to be included in your report on your leasehold property in Seven Sisters please enquire of your solicitor in advance of your conveyancing in Seven Sisters

    • I today plan to offer on a house that appears to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have just discovered that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a leasehold house in Seven Sisters. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Seven Sisters ?

    The majority of houses in Seven Sisters are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Seven Sisters so you should seriously consider shopping around for a Seven Sisters conveyancing solicitor and be sure that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example obtaining the landlord’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your lawyer should advise you fully on all the issues.

    Can you provide any advice for leasehold conveyancing in Seven Sisters from the point of view of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Seven Sisters can be avoided if you appoint lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold documentation which will be required by the buyers solicitors.
    • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Seven Sisters state that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord consenting to such changes. If you fail to have the approvals in place do not communicate with the landlord without checking with your solicitor before hand.
  • Some Seven Sisters leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
  • If there is a history of any disputes with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be concerned about purchasing a property where a dispute is ongoing. You may have to bite the bullet and pay 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 prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to present the dispute as historic rather than unresolved.
  • If you have the benefit of shareholding in the freehold, you should ensure that you have the original share document. Obtaining a new share certificate can be a lengthy process and frustrates many a Seven Sisters home move. If a reissued share certificate is required, do contact the company officers or managing agents (where applicable) for this at the earliest opportunity.

    • I have given up trying to purchase the freehold in Seven Sisters. Can the Leasehold Valuation Tribunal adjudicate on premiums?

    in cases where there is a missing freeholder or where there is dispute about what the lease extension should cost, under the relevant statutes it is possible to make an application to the Leasehold Valuation Tribunal to judgment on the sum to be paid.

    An example of a Freehold Enfranchisement matter before the tribunal for a Seven Sisters premises is 22 Wakefield Road in January 2012. Following a vesting order Clerkenwell and Shoreditch County Court under section 26 of the Leasehold Reform,Housing and Urban Development Act 1993 on 9th May 2011 the Tribunal decided that the price that the Applicant for the freehold interest should pay is £17,400 This case affected 2 flats. The the number of years remaining on the existing lease(s) was 74.13 years.

    What are the frequently found defects that you see in leases for Seven Sisters properties?

    Leasehold conveyancing in Seven Sisters is not unique. Most leases is drafted differently and legal mistakes in the legal wording can result in certain provisions are not included. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain parts of the premises
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You could encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, The Royal Bank of Scotland, and Britannia all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to withdraw.

    Other Topics

    Lease Extensions in Seven Sisters