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Horfield leasehold conveyancing: Q and A’s

I wish to rent out my leasehold apartment in Horfield. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

A small minority of properties in Horfield do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

Back In 2004, I bought a leasehold house in Horfield. Conveyancing and The Royal Bank of Scotland mortgage organised. A letter has just been received from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1996. The conveyancing practitioner in Horfield who previously acted has now retired.What should I do?

First contact the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Horfield conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

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

If you are instructing a solicitor for lease extension works (regardless if they are a Horfield conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you talk with two or three firms including non Horfield conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

  • What volume of lease extensions have they completed in Horfield in the last year?
  • What are the legal fees for lease extension work?

    • Do you have any top tips for leasehold conveyancing in Horfield from the point of view of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Horfield can be reduced where you appoint lawyers as soon as you market your property and request that they start to collate the leasehold information needed by the buyers representatives.
    • The majority freeholders or managing agents in Horfield levy fees for providing management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Horfield.
  • A minority of Horfield leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If you have the benefit of shareholding in the freehold, you should make sure that you are holding the original share document. Obtaining a replacement share certificate is often a lengthy process and slows down many a Horfield home move. If a new share is required, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this by asking your lawyers. A buyer’s lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is below 75 years. In the circumstances it is important at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £225000 flat in Horfield next week. The managing agents has quoted £336 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Horfield?

    Horfield conveyancing on leasehold flats normally requires the buyer’s conveyancer submitting enquiries for the landlord to answer. Although the landlord is not legally bound to address such questions most will be content to assist. They may invoice a reasonable charge for answering questions or supplying documentation. There is no set fee. The average fee for the information that you are referring to is £350, in some situations it is above £800. The administration charge invoiced by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration fees, otherwise the invoice is technically not due. In reality one has little option but to pay whatever is demanded should you wish to complete the sale of your home.

    Horfield Leasehold Conveyancing - A selection of Queries before Purchasing

      How is the lease structured? How much is the service charge and ground rent on the apartment? The answer will be useful as a) areas can cause problems for the building as the communal areas may begin to deteriorate where repairs are not paid for b) if the leaseholders have an issue with the managing agents you will want to have all the details

    Other Topics

    Lease Extensions in Horfield