My fiance and I may need to rent out our Farnham Royal ground floor flat temporarily due to a career opportunity. We used a Farnham Royal conveyancing practice in 2001 but they have closed and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your last Farnham Royal conveyancing solicitor is not around you can check your lease to check if it allows you to sublet the premises. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you must obtain consent from your landlord or other appropriate person in advance of subletting. This means that you cannot sublet in the absence of first obtaining permission. The consent is not allowed to be unreasonably withheld. If the lease does not allow you to sublet you should ask your landlord for their consent.

I've found a house that seems to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have subsequently found out that it's a leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Farnham Royal. Conveyancing solicitors have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Farnham Royal ?

The majority of houses in Farnham Royal are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are buying in Farnham Royal in which case you should be shopping around for a Farnham Royal conveyancing solicitor and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’sconsent to conduct changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the property is part of an estate. Your conveyancer should appraise you on the various issues.

I am employed by a busy estate agency in Farnham Royal where we have experienced a few leasehold sales derailed due to short leases. I have been given contradictory information from local Farnham Royal conveyancing firms. Could you clarify whether the owner of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

What are your top tips when it comes to finding a Farnham Royal conveyancing firm to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Farnham Royal conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Farnham Royal conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• If they are not ALEP accredited then why not?

Can you provide any top tips for leasehold conveyancing in Farnham Royal from the perspective of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Farnham Royal can be avoided where you appoint lawyers the minute your agents start marketing the property and request that they start to put together the leasehold documentation which will be required by the buyers lawyers.
• 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 Farnham Royal state that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord acquiescing to such works. If you fail to have the consents in place do not communicate with the landlord without checking with your lawyer before hand.

I bought a split level flat in Farnham Royal, conveyancing was carried out half a dozen years ago. How much will my lease extension cost? Similar flats in Farnham Royal with a long lease are worth £190,000. The average or mid-range amount of ground rent is £50 yearly. The lease comes to an end on 21st October 2080

You have 55 years remaining on your lease we estimate the price of your lease extension to be between £28,500 and £33,000 plus plus your own and the landlord's "reasonable" professional fees.

The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive investigations. You should not use the figures in tribunal or court proceedings. There are no doubt other issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first seeking the advice of a professional.

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Lease Extensions in Farnham Royal