Fixed-fee leasehold conveyancing in Potters Bar:

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Recently asked questions relating to Potters Bar leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Potters Bar. Before I set the wheels in motion I require certainty as to the number of years remaining on the lease.

If the lease is registered - and most are in Potters Bar - then the leasehold title will always include the short particulars 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.

I would like to sublet my leasehold flat in Potters Bar. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Notwithstanding that your previous Potters Bar conveyancing solicitor is no longer available you can check your lease to see if you are permitted to let out the premises. The accepted inference is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you are obliged to seek consent via your landlord or other appropriate person before subletting. The net result is that you cannot sublet in the absence of prior consent. Such consent should not be unreasonably withheld. If your lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.

I only have 62 years unexpired on my lease in Potters Bar. I need to extend my lease but my landlord is absent. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to prove that you have used your best endeavours to find the lessor. In some cases an enquiry agent would be helpful to try and locate and prepare an expert document which can be used as proof that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on investigating the landlord’s disappearance and the application to the County Court overseeing Potters Bar.

Due to complete next month on a studio apartment in Potters Bar. Conveyancing lawyers inform me that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Potters Bar should include some of the following:

  • Setting out your rights in respect of common areas in the building.E.G., does the lease grant a right of way over a path or hallways?
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • You need to be told what constitutes a Nuisance in the lease
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For details of the information to be contained in your report on your leasehold property in Potters Bar please enquire of your solicitor in ahead of your conveyancing in Potters Bar

    • Can you provide any top tips for leasehold conveyancing in Potters Bar with the intention of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Potters Bar can be avoided if you get in touch lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation needed by the purchasers’ representatives.
    • Many landlords or Management Companies in Potters Bar levy fees for supplying management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Potters Bar.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Potters Bar leases often stipulate that internal structural changes or installing wooden flooring calls for a licence from the Landlord acquiescing to such alterations. If you fail to have the consents to hand do not contact the landlord without checking with your conveyancer in advance.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are resolved prior to the flat being marketed. The buyers and their solicitors will be concerned 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 resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic rather than unresolved.
  • You believe that you know the number of years remaining on your lease but you should verify this by asking your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to where the lease term is under 80 years. In the circumstances it is essential at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • I am the proprietor of a second floor flat in Potters Bar. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal make a decision on the sum payable for the purchase of the freehold?

    You certainly can. We can put you in touch with a Potters Bar conveyancing firm who can help.

    An example of a Lease Extension matter before the tribunal for a Potters Bar flat 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 was in relation to 1 flat. The unexpired lease term was 76 years.

    Other Topics

    Lease Extensions in Potters Bar