Sample questions relating to North West London leasehold conveyancing
Helen (my wife) and I may need to let out our North West London 1st floor flat temporarily due to a new job. We used a North West London conveyancing practice in 2002 but they have since shut and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
Even though your last North West London conveyancing solicitor is no longer around you can check your lease to check if it allows you to sublet the apartment. The accepted inference is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you need to seek consent from your landlord or some other party in advance of subletting. This means that you cannot sublet without prior permission. Such consent should not be unreasonably withheld. If the lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.
There are only 72 years remaining on my flat in North West London. I need to get lease extension but my landlord is absent. What options are available to me?
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 an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to prove that you have done all that could be expected to track down the landlord. For most situations a specialist should be helpful to try and locate and prepare a report which can be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s disappearance and the vesting order request to the County Court covering North West London.
Estate agents have just been given the go-ahead to market my garden apartment in North West London.Conveyancing has not commenced but I have just received a yearly service charge demand – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should discharge 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 management companies will not acknowledge the buyer until 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. Having a clear account will assist your cause and will leave you no worse off financially.
Can you offer any advice when it comes to appointing a North West London conveyancing practice to deal with our lease extension?
When appointing a conveyancer for your lease extension (regardless if they are a North West London conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non North West London conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:
- How familiar is the firm with lease extension legislation?
Do you have any top tips for leasehold conveyancing in North West London from the perspective of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in North West London can be bypassed where you get in touch lawyers the minute you market your property and ask them to collate the leasehold information needed by the buyers representatives.
- Many freeholders or managing agents in North West London charge 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 pack can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in North West London.
North West London Leasehold Conveyancing - Examples of Queries before Purchasing
The answer will be useful as a) areas could result in problems for the block as the common areas may begin to deteriorate if repairs are not paid for b) if the leasehold owners have an issue with the running of the building you will want to know about it
How many of the leaseholders are in arrears for their service charge payments?
Be sure to enquire if the the lease contains any onerous restrictions in the lease. For example it is reasonably common in North West London leases that pets are not allowed in in a block in North West London. If you like the flatin North West London but your dog is not allowed to make the move with you then you will be presented with a difficult compromise.