Fixed-fee leasehold conveyancing in Northwick Park:

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Top Five Questions relating to Northwick Park leasehold conveyancing

Frank (my husband) and I may need to rent out our Northwick Park garden flat temporarily due to taking a sabbatical. We instructed a Northwick Park conveyancing firm in 2004 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Northwick Park do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

My wife and I purchased a leasehold house in Northwick Park. Conveyancing and Alliance & Leicester mortgage organised. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Northwick Park who acted for me is not around.Any advice?

First contact HMLR to make sure that the individual purporting to own the freehold is indeed the new freeholder. It is not necessary to incur the fees of a Northwick Park conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am attracted to a couple of flats in Northwick Park both have approximately fifty years remaining on the lease term. Should I regard a short lease as a deal breaker?

There are plenty of short leases in Northwick Park. The lease is a right to use the premises for a period of time. As a lease gets shorter the value of the lease reduces and results in it becoming more costly to acquire a lease extension. This is why it is often a good idea to extend the lease term. It is often difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We advise that you get professional assistance from a conveyancer and surveyor with experience in this field

What are your top tips when it comes to choosing a Northwick Park conveyancing practice to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Northwick Park conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Northwick Park conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

  • How familiar is the firm with lease extension legislation?
  • If they are not ALEP accredited then what is the reason?

  • Can you provide any advice for leasehold conveyancing in Northwick Park from the point of view of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Northwick Park can be reduced where you get in touch lawyers the minute your agents start advertising the property and ask them to put together the leasehold documentation which will be required by the buyers representatives.
    • If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Northwick Park state that internal structural changes or addition of wooden flooring require a licence issued by the Landlord acquiescing to such works. Should you dont have the approvals in place you should not contact the landlord without checking with your conveyancer in advance.
  • A minority of Northwick Park leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
  • If there is a history of conflict with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is better to reveal the dispute as historic as opposed to ongoing.
  • If you hold a share in a the freehold, you should make sure that you have the original share certificate. Arranging a new share certificate is often a lengthy process and frustrates many a Northwick Park home move. If a reissued share is necessary, do contact the company officers or managing agents (where relevant) for this sooner rather than later.

  • I have had difficulty in trying to purchase the freehold in Northwick Park. Can the Leasehold Valuation Tribunal adjudicate on premiums?

    if there is a absentee landlord or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to decide the amount due.

    An example of a Lease Extension matter before the tribunal for a Northwick Park property is Ground Floor Flat 17 Frognal Avenue in April 2012. the Tribunal agreed that a value of £160,000 for the extended lease was appropriate. This case was in relation to 1 flat. The the unexpired term as at the valuation date was 61.66 years.

    Other Topics

    Lease Extensions in Northwick Park