Experts for Leasehold Conveyancing in North London

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North London leasehold conveyancing: Q and A’s

Expecting to exchange soon on a studio apartment in North London. Conveyancing lawyers assured me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

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

  • You should receive a copy of the lease
  • The physical extent of the demise. This will be the property itself but might incorporate a loft or cellar if applicable.
  • Setting out your legal entitlements in relation to common areas in the building.By way of example, does the lease grant a right of way over a path or staircase?
  • Does the lease prevent you from letting out the flat, or working from home
  • You must be told what constitutes a Nuisance in the lease
  • Repair and maintenance of the flat
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? For details of the information to be contained in your report on your leasehold property in North London please enquire of your solicitor in advance of your conveyancing in North London

    • I today plan to offer on a house that seems to meet my requirements, at a reasonable figure which is making it more attractive. I have subsequently discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in North London. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in North London ?

    The majority of houses in North London are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in North London in which case you should be looking for a North London conveyancing solicitor and check that they are used to advising on leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’sconsent to conduct changes to the property. You may also be required to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your conveyancer will report to you on the legal implications.

    I've recently bought a leasehold house in North London. Am I liable to pay 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 be sure 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 appointing a North London conveyancing practice to deal with our lease extension?

    When appointing a property lawyer for lease extension works (regardless if they are a North London conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with two or three firms including non North London conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

    • If the firm is not ALEP accredited then what is the reason?
  • Can they put you in touch with client in North London who can give a testimonial?

    • Do you have any advice for leasehold conveyancing in North London from the perspective of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in North London can be avoided if you instruct 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 purchasers’ solicitors.
    • Many landlords or managing agents in North London levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in North London.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Most leases in North London state that internal structural alterations or installing wooden flooring calls for a licence from the Landlord acquiescing to such works. If you dont have the approvals to hand you should not communicate with the landlord without contacting your solicitor in the first instance.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share certificate. Organising a replacement share certificate is often a lengthy formality and delays many a North London conveyancing deal. Where a duplicate share certificate is necessary, do contact the company officers or managing agents (where applicable) for this at the earliest opportunity.
  • You believe that you know the number of years left on your lease but it would be wise to double-check by asking your solicitors. A purchaser's lawyer will be unlikely to recommend their client to where the lease term is below 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Following months of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in North London. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

    in cases where there is a absentee landlord or where there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to make a decision on the premium.

    An example of a Freehold Enfranchisement matter before the tribunal for a North London residence is 20 Avonwick Road in July 2013. The Tribunal was dealing with an application under Section 26 of the Leasehold Reform Housing and Urban Development Act 1993 for a determination of the freehold value of the property. It was concluded that the price to be paid was Fifteen Thousand Nine Hundred and Seventy (£15,970) divided as to £8,200 for Flat 20 and £7,770 for Flat 20A This case affected 1 flat. The remaining number of years on the lease was 73.26 years.

    Other Topics

    Lease Extensions in North London