I wish to rent out my leasehold apartment in Tottenham Green. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Even though your last Tottenham Green conveyancing solicitor is not available you can check your lease to see if you are permitted to let out the premises. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you must seek permission from your landlord or some other party in advance of subletting. The net result is that you cannot sublet without first obtaining permission. The consent must not not be unreasonably turned down. If your lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.

I have recently realised that I have Sixty One years left on my lease in Tottenham Green. I now want to extend my lease but my freeholder is can not be found. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to prove that you have done all that could be expected to locate the landlord. On the whole a specialist may be useful to carry out a search and to produce a report which can be used as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the application to the County Court overseeing Tottenham Green.

I today plan to offer on a house that appears to meet my requirements, at a reasonable price which is making it more attractive. I have just been informed that the title is leasehold as opposed to freehold. I would have thought that there are issues purchasing a house with a leasehold title in Tottenham Green. Conveyancing solicitors have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Tottenham Green ?

The majority of houses in Tottenham Green are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Tottenham Green in which case you should be looking for a Tottenham Green conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’sconsent to carry out changes to the property. You may also be required to pay a contribution towards the upkeep of the communal areas where the property is located on an estate. Your lawyer will appraise you on the various issues.

Can you offer any advice when it comes to appointing a Tottenham Green conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a Tottenham Green conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Tottenham Green conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

• How experienced is the firm with lease extension legislation?
• If they are not ALEP accredited then what is the reason?

Can you provide any top tips for leasehold conveyancing in Tottenham Green from the point of view of expediting the sale process?

• Much of the delay in leasehold conveyancing in Tottenham Green can be bypassed if you instruct lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the purchasers’ lawyers.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Tottenham Green state that internal structural alterations or installing wooden flooring calls for a licence from the Landlord acquiescing to such works. If you fail to have the consents to hand you should not contact the landlord without checking with your solicitor in the first instance.
• If there is a history of conflict with your landlord or managing agents it is essential that these are resolved before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as over as opposed to unsettled.
• If you hold a share in a the freehold, you should make sure that you hold the original share document. Organising a replacement share certificate can be a lengthy process and frustrates many a Tottenham Green home move. Where a reissued share certificate is necessary, do contact the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.
• You may think that you are aware of the number of years left on your lease but you should verify this via your solicitors. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is below 75 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

I am the proprietor of a ground-floor 1950’s flat in Tottenham Green. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the sum due for the purchase of the freehold?

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

An example of a Freehold Enfranchisement case for a Tottenham Green residence 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 unexpired residue of the current lease was 74.13 years.

Tottenham Green Leasehold Conveyancing - Sample of Queries before Purchasing

Many Tottenham Green leasehold properties will be liable to pay a service bill for the upkeep of the building invoiced by the landlord. If you purchase the apartment you will have to meet this liability, usually periodically accross the year. This can vary from a couple of hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a ground rent to be met yearly, normally this is not a large sum, say about £25-£75 but you should to enquire it because on occasion it can be surprisingly expensive. Are any of leasehold owners in dispute over their service charge payments? This information is helpful as a) areas can result in problems in the block as the communal areas may start to deteriorate if maintenance remain unpaid b) if the leaseholders have a dispute with the running of the building you will need to know about it