I want to sublet my leasehold apartment in Birkenhead. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Even though your previous Birkenhead conveyancing lawyer is not around 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 permitted. There may be a precondition that you are obliged to seek permission via your landlord or other appropriate person prior to subletting. This means that you cannot sublet without prior consent. Such consent is not allowed to be unreasonably refused ore delayed. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

Looking forward to complete next month on a ground floor flat in Birkenhead. Conveyancing lawyers have said that they report fully next week. Are there areas in the report that I should be focusing on?

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

• The physical extent of the demise. This will be the flat itself but might incorporate a roof space or cellar if applicable.

Does the lease prevent you from renting out the property, or having a home office for business

You need to be told what constitutes a Nuisance in the lease

Whether your lease has a provision for a sinking fund?

You should have a good understanding of the insurance provisions

Changes to the flat (alterations and additions)

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 a comprehensive list of information to be contained in your report on your leasehold property in Birkenhead please enquire of your solicitor in advance of your conveyancing in Birkenhead

What advice can you give us when it comes to choosing a Birkenhead conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Birkenhead conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Birkenhead conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

• How experienced is the firm with lease extension legislation?

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

Can you provide any top tips for leasehold conveyancing in Birkenhead with the purpose of speeding up the sale process?

• A significant proportion of the delay in leasehold conveyancing in Birkenhead can be avoided where you get in touch lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold documentation which will be required by the buyers conveyancers.
• The majority landlords or Management Companies in Birkenhead charge for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management pack sought as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Birkenhead.

In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Birkenhead state that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord approving such changes. Should you dont have the approvals to hand do not communicate with the landlord without contacting your lawyer in the first instance.

If there is a history of any disputes with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be nervous about purchasing a flat where there is an ongoing dispute. You may need to swallow your pride and 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 prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is better to reveal the dispute as over as opposed to ongoing.

If you hold a share in a the Management Company, you should ensure that you have the original share document. Organising a replacement share certificate can be a time consuming formality and delays many a Birkenhead home move. If a reissued share is required, you should approach the company director and secretary or managing agents (if relevant) for this sooner rather than later.

We expect to complete our sale of a £200000 apartment in Birkenhead next week. The managing agents has quoted £324 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Birkenhead?

For the majority of leasehold sales in Birkenhead conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering conveyancing due diligence questions
• Where consent is required before sale in Birkenhead
• Copies of the building insurance and schedule
• 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 Birkenhead leasehold premises is £350. For Birkenhead 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 required to supply answers.

Birkenhead Leasehold Conveyancing - A selection of Questions you should ask Prior to buying

How much is the ground rent and service charge? Does the lease have more than 85 years remaining? This information is useful as a) areas could result in problems in the building as the common areas may start to deteriorate where maintenance are not paid for b) if the tenants have an issue with the running of the building you will need to have all the details

Other Topics

Lease Extensions in Birkenhead