I am on look out for some leasehold conveyancing in West Norwood. Before I get started I want to be sure as to the remaining lease term.

Assuming the lease is recorded at the land registry - and almost all are in West Norwood - then the leasehold title will always include the short particulars 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 garden flat in West Norwood.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly maintenance charge invoice – should I leave it to the buyer to sort out?

It best that you pay 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 managing agents 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.

I am a negotiator for a reputable estate agent office in West Norwood where we have experienced a number of flat sales put at risk due to leases having less than 80 years remaining. I have been given conflicting advice from local West Norwood conveyancing solicitors. Could you confirm whether the seller of a flat can start the lease extension process for the purchaser on completion of the sale?

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 buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with 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 buyer.

What are your top tips when it comes to appointing a West Norwood conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a West Norwood conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non West Norwood conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:

• How familiar is the firm with lease extension legislation?
• What are the charges for lease extension conveyancing?

Do you have any top tips for leasehold conveyancing in West Norwood with the intention of expediting the sale process?

• Much of the delay in leasehold conveyancing in West Norwood can be reduced where you get in touch lawyers the minute your agents start marketing the property and request that they start to put together the leasehold documentation which will be required by the buyers representatives.
• The majority freeholders or managing agents in West Norwood levy fees for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in West Norwood.
• Some West Norwood leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the annual 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 service charge figures 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 very important that these are settled before the property is marketed. The buyers and their solicitors will be nervous about purchasing a flat where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or settle 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 purchasers, but it is clearly preferable to present the dispute as over as opposed to unresolved.
• If you are supposed to have a share in the Management Company, you should make sure that you hold the original share document. Organising a new share certificate is often a lengthy formality and delays many a West Norwood conveyancing deal. If a duplicate share is needed, you should approach the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.

Following years of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in West Norwood. Can we issue an application to the Residential Property Tribunal Service?

You certainly can. We are happy to put you in touch with a West Norwood conveyancing firm who can help.

An example of a Freehold Enfranchisement decision for a West Norwood flat is 172 Knollys Road in February 2012. On 13 September 2011 District Judge Guinan made a vesting order and the proceedings were transferred to the tribunal for the purpose of assessing the premium which was subsequently calculated to be £24,003 This case related to 4 flats. The the unexpired term as at the valuation date was 98.28 for 3 flats other than the garden flat which had 66.04 years remaining.

West Norwood Leasehold Conveyancing - A selection of Queries before Purchasing

The majority of West Norwood leasehold flats will be liable to pay a service bill for the upkeep of the block invoiced by the landlord. Where you acquire the apartment you will have to pay this liability, usually in instalments accross the year. This could be anything from two or three hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a rentcharge to be met annual, normally this is not a significant sum, say around £50-£100 but you should to enquire it because occasionally it can be many hundreds of pounds. Its a good idea to discover as much as you can about 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 from a financial perspective and when it comes to every day matters like the tidiness of the common parts. You should not be afraid to ask other tenants whether they are happy with them. In conclusion, find out the dates that you are obliged pay the maintenance charge to the appropriate party and specifically how they are spending that money. Can you tell me if there are any major works on the horizon that will likely add a premium to the maintenance fees?