My wife and I may need to sub-let our West Harrow basement flat temporarily due to a new job. We used a West Harrow conveyancing firm in 2001 but they have closed and we did not have the foresight to get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your previous West Harrow conveyancing solicitor is not available you can check your lease to see if you are permitted to let out the premises. The rule is that if the lease is silent, subletting is permitted. There may be a precondition that you must seek consent from your landlord or some other party prior to subletting. The net result is that you cannot sublet without prior consent. Such consent should not be unreasonably withheld. If the lease prohibits you from letting out the property you should ask your landlord for their consent.

I own a leasehold flat in West Harrow. Conveyancing and Barnsley Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1992. The conveyancing solicitor in West Harrow who acted for me is not around.Any advice?

First make enquiries of the Land Registry to be sure that this person is in fact the new freeholder. You do not need to instruct a West Harrow conveyancing practitioner to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What advice can you give us when it comes to choosing a West Harrow conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a West Harrow conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with two or three firms including non West Harrow conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• Can they put you in touch with client in West Harrow who can give a testimonial?
• What are the charges for lease extension conveyancing?

Can you provide any top tips for leasehold conveyancing in West Harrow with the aim of expediting the sale process?

• Much of the frustration in leasehold conveyancing in West Harrow can be bypassed if you appoint lawyers the minute your agents start marketing the property and ask them to collate the leasehold information needed by the purchasers’ conveyancers.
• Many landlords or Management Companies in West Harrow levy fees for supplying management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in West Harrow.
• Some West Harrow leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the yearly 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 buyers or their solicitors.
• If there is a history of conflict with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be warry about purchasing a property where there is a current dispute. You may need to swallow your pride 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 prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to reveal the dispute as over rather than unresolved.
• If you have the benefit of shareholding in the Management Company, you should make sure that you hold the original share certificate. Organising a re-issued share certificate can be a lengthy process and frustrates many a West Harrow conveyancing deal. Where a duplicate share certificate is needed, you should approach the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

I have tried to negotiate informally with with my landlord for a lease extension without success. Can a leaseholder make an application to the Leasehold Valuation Tribunal? Can you recommend a West Harrow conveyancing firm to assist?

if there is a missing landlord or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to judgment on the premium.

An example of a Lease Extension matter before the tribunal for a West Harrow residence is flat 93b Welldon Crescent in May 2009. The Tribunals valuation for a 90-year lease extension of this fat was £13,171 This case related to 1 flat. The remaining number of years on the lease was 75.25 years.

Are there frequently found problems that you encounter in leases for West Harrow properties?

There is nothing unique about leasehold conveyancing in West Harrow. Most leases is drafted differently and drafting errors can sometimes mean that certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the building
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Lloyds TSB Bank, Leeds Building Society, and TSB all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the buyer to withdraw.

West Harrow Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

What restrictions are contained in the West Harrow Lease? Where a West Harrow lease has fewer than eighty years it will have adverse implications on the value of the flat. It is worth checking with your mortgage company that they are happy with the length of the lease. A short lease means that you will probably require a lease extension at some point and it is worth finding out what this will be. Remember, in most cases you would need to own the premises for a couple of years before you are legally able to carry out a lease extension.