Helen (my wife) and I may need to sub-let our Shacklewell basement flat temporarily due to a career opportunity. We used a Shacklewell conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?

Even though your previous Shacklewell conveyancing lawyer is not around you can review your lease to check if it allows you to sublet the premises. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you need to obtain consent via your landlord or some other party prior to subletting. The net result is you not allowed to sublet in the absence of prior consent. Such consent is not allowed to be unreasonably refused ore delayed. If the lease does not allow you to sublet you should ask your landlord for their consent.

Expecting to exchange soon on a leasehold property in Shacklewell. Conveyancing solicitors assured me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Shacklewell should include some of the following:

• The total extent of the premises. This will be the flat itself but could also incorporate a roof space or cellar if applicable.
• Defining your legal entitlements in respect of common areas in the building.By way of example, does the lease include a right of way over an accessway or staircase?
• You should have a good understanding of the insurance provisions
• Changes to the flat (alterations and additions)
• The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
• What options are open to you if a neighbour breach a clause of their lease?

I today plan to offer on a house that seems to tick a lot of boxes, at a great figure which is making it more attractive. I have since found out that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Shacklewell. Conveyancing advisers have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Shacklewell ?

Most houses in Shacklewell are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Shacklewell so you should seriously consider shopping around for a Shacklewell conveyancing solicitor and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’spermission to conduct changes to the property. You may also be required to pay a service charge towards the upkeep of the estate where the house is part of an estate. Your lawyer will advise you fully on all the issues.

I've recently bought a leasehold house in Shacklewell. Do I have any liability for service charges for periods before my ownership?

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).

Can you provide any top tips for leasehold conveyancing in Shacklewell with the intention of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Shacklewell can be reduced if you appoint lawyers as soon as you market your property and ask them to put together the leasehold information needed by the purchasers’ representatives.
• If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in Shacklewell state that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord acquiescing to such works. Where you fail to have the consents in place you should not communicate with the landlord without contacting your conveyancer in the first instance.
• 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 put on the market. The purchasers and their solicitors will be reluctant to purchase a flat 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 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 clearly preferable to reveal the dispute as over as opposed to ongoing.
• If you have the benefit of shareholding in the freehold, you should make sure that you are holding the original share document. Organising a new share certificate can be a lengthy formality and slows down many a Shacklewell home move. Where a reissued share is necessary, do contact the company officers or managing agents (if relevant) for this sooner rather than later.
• You believe that you know the number of years remaining on your lease but you should double-check by asking your conveyancers. A purchaser's conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is less than 75 years. It is therefore important at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

I inherited a basement flat in Shacklewell. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal determine the amount due for a lease extension?

Most definitely. We can put you in touch with a Shacklewell conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Shacklewell property 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 related to 1 flat. The the unexpired residue of the current lease was 80.5 years.

I own a leasehold flat in Shacklewell, conveyancing having been completed half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable flats in Shacklewell with over 90 years remaining are worth £200,000. The average or mid-range amount of ground rent is £60 yearly. The lease ends on 21st October 2080

With 54 years unexpired we estimate the premium for your lease extension to span between £29,500 and £34,000 as well as costs.

The figure above a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before seeking the advice of a professional.