Tottenham leasehold conveyancing Example Support Desk Enquiries
I am in need of some leasehold conveyancing in Tottenham. Before I set the wheels in motion I want to be sure as to the remaining lease term.
If the lease is registered - and almost all are in Tottenham - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Last month I purchased a leasehold flat in Tottenham. Do I have any liability for service charges relating to a period prior to completion of my purchase?
Where the service charge has already been demanded from the previous owner 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 be sure 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 busy estate agent office in Tottenham where we have witnessed a number of flat sales jeopardised as a result of short leases. I have received inconsistent advice from local Tottenham conveyancing solicitors. Could you shed some light as to whether the vendor 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 kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having 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 at the same time as completion of the sale.
An alternative approach is 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.
Can you offer any advice when it comes to finding a Tottenham conveyancing firm to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Tottenham conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Tottenham conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:
- How many lease extensions has the firm conducted in Tottenham in the last year?
- What are the charges for lease extension work?
All being well we will complete the disposal of our £ 475000 flat in Tottenham next week. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Tottenham?
Tottenham conveyancing on leasehold apartments usually results in administration charges levied by management companies :
- Answering conveyancing due diligence questions
- Where consent is required before sale in Tottenham
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
I have attempted and failed to negotiate with my landlord for a lease extension without success. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a Tottenham conveyancing firm to assist?
You certainly can. We can put you in touch with a Tottenham conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Tottenham property is 30 Strode Road in June 2013. Following a vesting order by Edmonton County Court on 20th February 2013 the Tribunal arrived at a valuation for enfranchisement of £10,256 for the premises (£4,074 for the Ground Floor Flat and £6182 for the First Floor Flat) and £100 for the appurtenant land. This case was in relation to 2 flats. The remaining number of years on the lease was 83.33 and 77.3.
Tottenham Leasehold Conveyancing - A selection of Questions you should consider Prior to Purchasing
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Please inform me if there are any major works in the near future that will likely increase the maintenance fees?
It is important to be aware if a new roof is being put on or some other major work is due shortly that will be shared amongst the leasehold owners and will materially impact the level of the service charges or require a one time invoice.