Guaranteed fixed fees for Leasehold Conveyancing in Whetstone

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Any conveyancing practice can theoretically handle your leasehold conveyancing in Whetstone, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Recently asked questions relating to Whetstone leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Whetstone. Before I set the wheels in motion I require certainty as to the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and most are in Whetstone - 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.

Having checked my lease I have discovered that there are only Fifty years unexpired on my lease in Whetstone. I now want to extend my lease but my freeholder is absent. What should I do?

On the basis that you meet the appropriate requirements, 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 granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to track down the lessor. In some cases a specialist should be helpful to conduct investigations and to produce an expert document which can be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s absence and the vesting order request to the County Court covering Whetstone.

I am attracted to a two flats in Whetstone both have about forty five years unexpired on the lease term. Will this present a problem?

A lease is a legal document that entitles you to use the premises for a period of time. As the lease gets shorter the value of the lease decreases and it becomes more costly to extend the lease. This is why it is generally wise to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a protracted process. We advise that you seek professional help from a conveyancer and surveyor with experience in this field

Can you offer any advice when it comes to choosing a Whetstone conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Whetstone conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with several firms including non Whetstone conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

  • How experienced is the firm with lease extension legislation?
  • Can they put you in touch with client in Whetstone who can give a testimonial?

    • Can you provide any top tips for leasehold conveyancing in Whetstone from the point of view of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Whetstone can be bypassed if you appoint lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the buyers solicitors.
    • Many freeholders or Management Companies in Whetstone levy fees for supplying management packs for a leasehold homes. 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 common cause of frustration in leasehold conveyancing in Whetstone.
  • If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Whetstone state that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord consenting to such alterations. Where you fail to have the paperwork in place do not communicate with the landlord without checking with your lawyer in advance.
  • A minority of Whetstone leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is 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 you hold a share in a the freehold, you should make sure that you have the original share document. Arranging a duplicate share certificate is often a time consuming process and frustrates many a Whetstone conveyancing transaction. If a reissued share is needed, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible.

    • Despite our best efforts, we have been unsuccessful in negotiating a lease extension in Whetstone. Can the Leasehold Valuation Tribunal adjudicate on premiums?

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

    An example of a Lease Extension case for a Whetstone property is Flat 2 2 Netherfield Road in April 2010. The Tribunale held that premium payable for a 90 year extension to the existing Lease should be £7,705. This case affected 1 flat. The remaining number of years on the lease was 76 years.