Recently asked questions relating to Shacklewell leasehold conveyancing
I am hoping to sign contracts shortly on a leasehold property in Shacklewell. Conveyancing lawyers inform me that they are sending me a report within the next couple of days. What should I be looking out for?
The report on title for your leasehold conveyancing in Shacklewell should include some of the following:
- The physical extent of the property. This will be the apartment itself but may include a loft or basement if applicable.
I've found a house that seems to be perfect, at a reasonable price which is making it more attractive. I have just found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Shacklewell. Conveyancing lawyers have are about to be instructed. Will they explain the issues?
The majority of houses in Shacklewell are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Shacklewell so you should seriously consider looking for a Shacklewell conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the freeholder’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the maintenance of the estate where the property is part of an estate. Your conveyancer should advise you fully on all the issues.
I am a negotiator for a long established estate agency in Shacklewell where we have experienced a number of flat sales jeopardised due to leases having less than 80 years remaining. I have received conflicting advice from local Shacklewell conveyancing firms. Can you confirm whether the owner of a flat can initiate the lease extension process for the buyer?
Provided that the seller has been the owner 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 can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.
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 purchaser.
Do you have any advice for leasehold conveyancing in Shacklewell from the point of view of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in Shacklewell can be bypassed if you appoint lawyers the minute you market your property and ask them to collate the leasehold information needed by the purchasers’ lawyers.
- Some Shacklewell 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 financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet 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 purchasers or their solicitors.
Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £175000 apartment in Shacklewell next Monday . The landlords agents has quoted £300 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Shacklewell?
Shacklewell conveyancing on leasehold maisonettes normally necessitates fees being levied by managing agents :
- Completing conveyancing due diligence enquiries
- Where consent is required before sale in Shacklewell
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
We have reached the end of our tether in seeking a lease extension in Shacklewell. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Most definitely. We are happy to put you in touch with a Shacklewell conveyancing firm who can help.
An example of a Lease Extension decision for a Shacklewell flat is 5C Stoke Newington Road in April 2010. the Tribunal therefore concludes that the premium to be paid for the extended lease is £700.00 This case affected 1 flat. The unexpired term was 80.5 years.