I want to let out my leasehold flat in Berrylands. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Notwithstanding that your previous Berrylands conveyancing lawyer is no longer around you can check your lease to check if you are permitted to let out the premises. The rule is that if the deeds are non-specific, subletting is permitted. Quite often there is a prerequisite that you need to obtain permission from your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet without first obtaining consent. The consent is not allowed to be unreasonably refused ore delayed. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

There are only 72 years unexpired on my flat in Berrylands. I am keen to extend my lease but my freeholder is missing. What options are available to me?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to locate the freeholder. On the whole an enquiry agent may be useful to try and locate and to produce an expert document which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court covering Berrylands.

Due to sign contracts shortly on a leasehold property in Berrylands. Conveyancing lawyers have said that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

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

• Setting out your legal entitlements in relation to common areas in the block.By way of example, does the lease grant a right of way over a path or staircase?
• Are you allowed to have a pet in the flat?
• Whether your lease has a provision for a reserve fund?
• You should have a good understanding of the insurance provisions
• Changes to the flat (alterations and additions)
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
• 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

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable price which is making it more attractive. I have since discovered that the title is leasehold rather than freehold. I am assuming that there are issues purchasing a leasehold house in Berrylands. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?

The majority of houses in Berrylands are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. it is apparent that you are purchasing in Berrylands so you should seriously consider shopping around for a Berrylands conveyancing solicitor and be sure that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’sconsent to conduct changes to the property. It may be necessary to pay a contribution towards the maintenance of the estate where the property is part of an estate. Your solicitor should report to you on the legal implications.

Do you have any advice for leasehold conveyancing in Berrylands with the aim of speeding up the sale process?

• A significant proportion of the delay in leasehold conveyancing in Berrylands can be reduced if you appoint lawyers as soon as you market your property and request that they start to collate the leasehold information needed by the purchasers’ lawyers.
• If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Berrylands state that internal structural alterations or laying down wooden flooring require a licence issued by the Landlord consenting to such alterations. If you fail to have the paperwork in place you should not communicate with the landlord without contacting your solicitor in advance.
• A minority of Berrylands leases require Landlord’s consent to the sale and approval of the buyers. 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 financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual 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 actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
• If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share document. Organising a duplicate share certificate is often a lengthy formality and slows down many a Berrylands home move. Where a reissued share is necessary, you should approach the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.
• You believe that you know the number of years remaining on your lease but it would be wise to verify this via your solicitors. A buyer’s conveyancer will be unlikely to recommend their client to where the lease term is less than 75 years. In the circumstances it is important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

I inherited a garden flat in Berrylands. In the absence of agreement between myself and the landlord, can the Leasehold valuation Tribunal make a decision on the premium payable for a lease extension?

Most definitely. We are happy to put you in touch with a Berrylands conveyancing firm who can help.

An example of a Lease Extension case for a Berrylands property is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case affected 1 flat.

I inherited a 1st floor flat in Berrylands, conveyancing was carried out in 1999. Can you let me have an estimated range of the fair premium for a lease extension? Equivalent flats in Berrylands with over 90 years remaining are worth £243,000. The average or mid-range amount of ground rent is £50 invoiced annually. The lease ends on 21st October 2097

You have 71 years left to run we estimate the price of your lease extension to span between £13,300 and £15,400 plus legals.

The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure in the absence of detailed investigations. You should not use this information 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. Neither should you take any other action placing reliance on this information without first seeking the advice of a professional.