Helen (my wife) and I may need to sub-let our Colindale ground floor flat for a while due to a career opportunity. We used a Colindale conveyancing practice in 2004 but they have since shut and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?

Even though your last Colindale conveyancing lawyer is no longer available you can check your lease to see if it allows you to sublet the premises. The rule is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you must seek permission via your landlord or other appropriate person before subletting. This means you not allowed to sublet without first obtaining consent. The consent is not allowed to be unreasonably turned down. If your lease prohibits you from subletting the property you should ask your landlord for their consent.

I today plan to offer on a house that appears to be perfect, at a great price which is making it all the more appealing. I have just been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Colindale. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Colindale ?

The majority of houses in Colindale are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Colindale so you should seriously consider shopping around for a Colindale conveyancing solicitor and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’spermission to carry out changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the property is part of an estate. Your lawyer should report to you on the legal implications.

What are your top tips when it comes to finding a Colindale conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a solicitor for your lease extension (regardless if they are a Colindale conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Colindale conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

• How familiar is the practice with lease extension legislation?
• How many lease extensions have they conducted in Colindale in the last twenty four months?

All being well we will complete the disposal of our £ 400000 apartment in Colindale in just under a week. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Colindale?

Colindale conveyancing on leasehold flats normally necessitates the buyer’s lawyer submitting enquiries for the landlord to answer. Although the landlord is not legally bound to address these enquiries most will be willing to do so. They may invoice a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is over three hundred pounds, in some transactions it is above £800. The management information fee demanded by the landlord must be sent together with a summary of rights and obligations in respect of administration charges, otherwise the invoice is not strictly payable. Reality however dictates that you have no option but to pay whatever is demanded should you wish to exchange contracts with the buyer.

We have reached the end of our tether in trying to purchase the freehold in Colindale. Can the Leasehold Valuation Tribunal adjudicate on premiums?

Most certainly. We are happy to put you in touch with a Colindale conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Colindale residence is 27B Hillside in February 2010. the resulting premium, all other aspects of the valuation having been agreed between the parties was set at £8,250 This case related to 1 flat. The unexpired term was 70.25 years.

When it comes to leasehold conveyancing in Colindale what are the most common lease problems?

Leasehold conveyancing in Colindale is not unique. Most leases are unique and drafting errors can sometimes mean that certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the property
• A duty to insure the building
• 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 encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Barnsley Building Society, and Godiva Mortgages Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the buyer to withdraw.

Colindale Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying

The answer will be helpful as a) areas can result in problems for the building as the communal areas may start to deteriorate if maintenance are not paid for b) if the tenants have an issue with the managing agents you will need to have complete disclosure