I am in need of some leasehold conveyancing in Upper Clapton. Before I get started I require certainty as to the remaining lease term.

Assuming the lease is recorded at the land registry - and 99.9% are in Upper Clapton - 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.

I have just started marketing my 2 bed flat in Upper Clapton.Conveyancing is yet to be initiated but I have just received a quarterly maintenance charge demand – Do I pay up?

It best that you discharge the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

Last month I purchased a leasehold house in Upper Clapton. Do I have any liability for service charges for periods before my ownership?

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. A critical element 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).

What advice can you give us when it comes to finding a Upper Clapton conveyancing firm to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a Upper Clapton conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Upper Clapton conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:

• What volume of lease extensions have they carried out in Upper Clapton in the last twenty four months?
• Can they put you in touch with client in Upper Clapton who can give a testimonial?

Having spent months of correspondence we are unable to agree with our landlord on how much the lease extension should cost for our flat in Upper Clapton. Can we issue an application to the Residential Property Tribunal Service?

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

An example of a Lease Extension case for a Upper Clapton property is Flat 25, Stamford Hill Mansions Stamford Hill in April 2010. The Tribunal therefore determined that the premium to be paid by the lessee to the freeholder for the extension of the lease should be £28,984.00 This case was in relation to 1 flat. The the number of years remaining on the existing lease(s) was 59 years.

In relation to leasehold conveyancing in Upper Clapton what are the most common lease problems?

There is nothing unique about leasehold conveyancing in Upper Clapton. Most leases are unique and drafting errors can sometimes mean that certain sections are wrong. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the premises
• Insurance obligations
• 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 may 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. Birmingham Midshires, Norwich and Peterborough Building Society, and TSB all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to pull out.

Upper Clapton Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to buying

Please tell me if there are any major works anticipated that could add a premium to the service charges? You will want to discover as much as possible regarding the managing agents as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to daily matters such as the upkeep of the common parts. Enquire of prospective neighbours what they think of them. In conclusion, find out the dates that the maintenance fees are due to the managing agents and specifically how they are spending that money. Be sure to investigate if there is anything that is prohibited in the lease. For instance plenty of leases prohibit pets being permitted in certain buildings in Upper Clapton. If you like the flatin Upper Clapton yet your dog is not allowed to live with you then you will be presented with a hard compromise.