Planning to sign contracts shortly on a leasehold property in Willesden. Conveyancing lawyers have said that they report fully on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Willesden should include some of the following:

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord

The physical extent of the premises. This will be the property itself but might incorporate a roof space or basement if appropriate.

Setting out your legal entitlements in relation to the communal areas in the block.E.G., does the lease provide for a right of way over an accessway or staircase?

Will you be prohibited or prevented from having pets in the property?

You must be told what counts as a Nuisance in the lease

Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?

What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Willesden please enquire of your conveyancer in advance of your conveyancing in Willesden

Last month I purchased a leasehold property in Willesden. Do I have any liability for service charges relating to a period prior to completion of my purchase?

In a situation where the service charge has already been demanded from the previous lessee 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).

Do you have any top tips for leasehold conveyancing in Willesden from the perspective of expediting the sale process?

• Much of the delay in leasehold conveyancing in Willesden can be avoided where you appoint lawyers the minute you market your property and ask them to collate the leasehold documentation which will be required by the buyers conveyancers.
• In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Willesden leases often stipulate that internal structural alterations or installing wooden flooring require a licence from the Landlord consenting to such works. Should you dont have the paperwork in place do not communicate with the landlord without contacting your conveyancer in the first instance.

If you have had any disputes with your landlord or managing agents it is very important 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 an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to 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 better to present the dispute as historic as opposed to unsettled.

If you hold a share in a the freehold, you should make sure that you hold the original share document. Arranging a duplicate share certificate is often a time consuming process and frustrates many a Willesden home move. Where a new share is required, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this via your lawyers. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is under 75 years. In the circumstances it is essential at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

All being well we will complete the sale of our £150000 flat in Willesden in 8 days. The freeholder has quoted £300 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Willesden?

For the majority of leasehold sales in Willesden conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing pre-exchange enquiries
• Where consent is required before sale in Willesden
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Willesden leasehold property is £350. For Willesden conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply answers.

I am the registered owner of a ground-floor 1960’s flat in Willesden. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal make a decision on the premium payable for a lease extension?

in cases where there is a missing landlord or where there is disagreement about the premium for a lease extension, under the relevant legislation it is possible to make an application to the First-tier Tribunal (Property Chamber) to determine the premium.

An example of a lease Extension matter before the tribunal for a Willesden property is First Floor Flat 47 Huddlestone Road in December 2010. the Tribunal a valuation of £13,000 for a lease extension having been asked to consider the premium following a vesting order being granted by Willesden County Court On 14th September 2009 This case related to 1 flat. The the number of years remaining on the existing lease(s) was 71.87 years.

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

Leasehold conveyancing in Willesden is not unique. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain sections are erroneous. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements 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

You will have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Skipton Building Society, and Platform Home Loans Ltd all have express requirements 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 provide security, forcing the purchaser to withdraw.

Other Topics

Lease Extensions in Willesden