My wife and I purchased a leasehold house in Edmonton. Conveyancing and Norwich and Peterborough Building Society mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1998. The conveyancing solicitor in Edmonton who acted for me is not around.Do I pay?

First make enquiries of the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. There is no need to instruct a Edmonton conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I've recently bought a leasehold house in Edmonton. Am I liable to pay service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

What advice can you give us when it comes to appointing a Edmonton conveyancing firm to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Edmonton conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Edmonton conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:

• How many lease extensions have they completed in Edmonton in the last twenty four months?

Can they put you in touch with client in Edmonton who can give a testimonial?

Do you have any top tips for leasehold conveyancing in Edmonton with the intention of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Edmonton can be avoided if you instruct lawyers the minute you market your property and request that they start to put together the leasehold information needed by the purchasers’ solicitors.
• In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Edmonton state that internal structural alterations or installing wooden flooring require a licence from the Landlord consenting to such works. If you fail to have the paperwork in place do not contact the landlord without contacting your conveyancer in advance.

If you have had any disputes with your landlord or managing agents it is very important that these are resolved before the property is 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 settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic rather than unsettled.

If you hold a share in a the freehold, you should make sure that you have the original share certificate. Obtaining a replacement share certificate is often a lengthy formality and frustrates many a Edmonton home move. Where a reissued share is required, you should approach the company director and secretary or managing agents (if relevant) for this sooner rather than later.

You believe that you know the number of years remaining on your lease but it would be advisable double-check by asking your solicitors. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is under 80 years. It is therefore essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

Completion in due on the disposal of our £125000 flat in Edmonton on Monday in a week. The landlords agents has quoted £360 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Edmonton?

Edmonton conveyancing on leasehold apartments ordinarily necessitates administration charges levied by freeholders :

• Answering conveyancing due diligence questions
• Where consent is required before sale in Edmonton
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Edmonton leasehold property is £350. For Edmonton conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply answers.

I have attempted and failed to negotiate with my landlord for a lease extension without success. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a Edmonton conveyancing firm to assist?

Absolutely. We are happy to put you in touch with a Edmonton conveyancing firm who can help.

An example of a Vesting Order and Purchase of freehold matter before the tribunal for a Edmonton flat is Ground Floor Flat 4A Baronet Road in February 2010. Following a vesting order by Edmonton County Court on 23rd December 2008 (case number 8ED064) the Tribunal decided that the price that the Applicant for the freehold interest should pay is £8,689.00 This case was in relation to 2 flats. The the number of years remaining on the existing lease(s) was 80.01 years.

Other Topics

Lease Extensions in Edmonton