Recently asked questions relating to Crouch End leasehold conveyancing
I would like to let out my leasehold flat in Crouch End. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?
A small minority of properties in Crouch End 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 suggests 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.
Having checked my lease I have discovered that there are only Fifty years remaining on my flat in Crouch End. I now want to extend my lease but my landlord is can not be found. What should I do?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to prove that you have used your best endeavours to locate the lessor. On the whole an enquiry agent may be useful to conduct investigations and to produce a report to be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s absence and the vesting order request to the County Court covering Crouch End.
Expecting to exchange soon on a garden flat in Crouch End. Conveyancing lawyers inform me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Crouch End should include some of the following:
- Does the lease prohibit wood flooring?
- Ground rent - how much and when you need to pay, and also know whether this will change in the future
- Whether your lease has a provision for a sinking fund?
- Repair and maintenance of the flat
- I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
- Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
- What you can do if a neighbour breach a clause of their lease?
Can you provide any top tips for leasehold conveyancing in Crouch End with the aim of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Crouch End can be reduced where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information needed by the buyers lawyers.
- In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Crouch End state that internal structural changes or addition of wooden flooring require a licence issued by the Landlord acquiescing to such works. Where you dont have the approvals to hand do not contact the landlord without contacting your solicitor in advance.
- Some Crouch End leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference will need to confirm that the buyers are able to meet 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.
- If you are supposed to have a share in the Management Company, you should make sure that you hold the original share document. Organising a duplicate share certificate can be a time consuming formality and delays many a Crouch End conveyancing transaction. If a reissued share certificate is required, do contact the company officers or managing agents (where applicable) for this as soon as possible.
- You believe that you know the number of years remaining on your lease but you should double-check via your solicitors. A purchaser's conveyancer will not be happy to advise their client to where the remaining number of years is less than 75 years. It is therefore important at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.
I have tried to negotiate informally with with my landlord for a lease extension without any joy. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a Crouch End conveyancing firm to act on my behalf?
Most certainly. We are happy to put you in touch with a Crouch End conveyancing firm who can help.
An example of a Lease Extension decision for a Crouch End flat is Flat 2A 19 Shepherds Hill in June 2014. The tribunal concluded in accordance with section 48 and schedule 13 of the Leasehold Reform,Housing and Urban Development Act (the 1993 Act) that the premium payable in respect of the grant of a new lease for the Flat be £24,303 (twenty four thousand three hundred and three pounds) This case related to 1 flat. The the unexpired term as at the valuation date was 67.85 years.
In relation to leasehold conveyancing in Crouch End what are the most frequent lease defects?
Leasehold conveyancing in Crouch End is not unique. All leases are individual and drafting errors can result in certain sections are missing. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain elements of the building
- A duty to insure the building
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Maintenance charge proportions which don’t add up to the correct percentage
A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Norwich and Peterborough Building Society, and Platform Home Loans Ltd all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the purchaser to pull out.
I own a 1st floor flat in Crouch End, conveyancing formalities finalised 2002. How much will my lease extension cost? Equivalent flats in Crouch End with an extended lease are worth £266,000. The ground rent is £50 levied per year. The lease terminates on 21st October 2089
You have 63 years remaining on your lease the likely cost is going to range between £19,000 and £22,000 as well as costs.
The figure above a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of comprehensive due diligence. Do not use this information in a Notice of Claim or as an informal offer. There may be additional concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. You should not move forward placing reliance on this information before getting professional advice.