Harry (my fiance) and I may need to rent out our Flitwick garden flat for a while due to a career opportunity. We instructed a Flitwick conveyancing practice in 2004 but they have closed and we did not think at the time get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your previous Flitwick conveyancing solicitor is no longer around you can review your lease to see if it allows you to sublet the property. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you are obliged to obtain consent via your landlord or some other party in advance of subletting. The net result is that you cannot sublet without first obtaining permission. Such consent is not allowed to be unreasonably turned down. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

Expecting to exchange soon on a basement flat in Flitwick. Conveyancing lawyers assured me that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Flitwick should include some of the following:

• The total extent of the property. This will be the flat itself but might include a loft or cellar if appropriate.

I today plan to offer on a house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have since found out that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Flitwick. Conveyancing advisers have are about to be instructed. Will they explain the issues?

The majority of houses in Flitwick are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are buying in Flitwick so you should seriously consider shopping around for a Flitwick conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the landlord’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is part of an estate. Your conveyancer should report to you on the legal implications.

I work for a busy estate agency in Flitwick where we have witnessed a number of leasehold sales derailed as a result of short leases. I have received inconsistent advice from local Flitwick conveyancing solicitors. Can you shed some light as to whether the seller of a flat can instigate 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 can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.

An alternative approach is 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 appointing a Flitwick conveyancing practice to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Flitwick conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Flitwick conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

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

I purchased a studio flat in Flitwick, conveyancing formalities finalised in 2004. Can you give me give me an indication of the likely cost of a lease extension? Equivalent properties in Flitwick with an extended lease are worth £198,000. The average or mid-range amount of ground rent is £65 invoiced annually. The lease terminates on 21st October 2101

With only 77 years unexpired the likely cost is going to be between £9,500 and £11,000 plus legals.

The figure that we have given is a general guide to costs for extending a lease, but we are not able to advice on the actual costs without more detailed due diligence. You should not use the figures in a Notice of Claim or as an informal offer. 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. Please do not move forward based on this information without first getting professional advice.

Other Topics

Lease Extensions in Flitwick