I wish to let out my leasehold flat in Hartlepool. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

The lease governs relations between the landlord and you the leaseholder; in particular, it will set out if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Hartlepool do not prevent subletting altogether – such a clause would adversely affect the market value the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

I’m about to sell my 2 bed apartment in Hartlepool.Conveyancing solicitors are to be appointed soon but I have just had a half-yearly service charge invoice – what should I do?

Your conveyancing lawyer is likely to suggest that you should pay the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

What are your top tips when it comes to appointing a Hartlepool conveyancing practice to deal with our lease extension?

When appointing a solicitor for your lease extension (regardless if they are a Hartlepool conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Hartlepool conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:

• If they are not ALEP accredited then what is the reason?

How many lease extensions has the firm carried out in Hartlepool in the last year?

We expect to complete our sale of a £200000 garden flat in Hartlepool next week. The freeholder has quoted £372 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Hartlepool?

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

• Completing pre-contract questions
• Where consent is required before sale in Hartlepool
• 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 Hartlepool leasehold premises is £350. For Hartlepool 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.

What are the frequently found defects that you see in leases for Hartlepool properties?

Leasehold conveyancing in Hartlepool is not unique. Most leases are unique and drafting errors can sometimes mean that certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the premises
• 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 as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Bank of Scotland, and Alliance & Leicester all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the buyer to withdraw.

Hartlepool Conveyancing for Leasehold Flats - Sample of Questions you should consider before Purchasing

Be sure to enquire if the the lease includes any unreasonable restrictions in the lease. For example plenty of leases prohibit pets being allowed in in a block in Hartlepool. If you love the apartmentin Hartlepool however your dog is not allowed to make the move with you then you have a very difficult compromise. The answer will be useful as a) areas may cause problems for the building as the common areas may start to deteriorate where maintenance are not paid for b) if the leasehold owners have a dispute with the managing agents you will need to know about it Does the lease include onerous restrictions?

Other Topics

Lease Extensions in Hartlepool