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

A lease dictates the relationship between the freeholder and you the flat owner; specifically, it will say if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in Swadlincote do not prevent subletting altogether – such a provision would undoubtedly devalue the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

I have just appointed agents to market my basement apartment in Swadlincote.Conveyancing has not commenced but I have just received a yearly service charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should pay the service charge 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. Having a clear account will assist your cause and will leave you no worse off financially.

I work for a reputable estate agency in Swadlincote where we have experienced a number of leasehold sales jeopardised due to leases having less than 80 years remaining. I have been given contradictory information from local Swadlincote conveyancing solicitors. Please can you shed some light as to whether the vendor of a flat can initiate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to 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 to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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.

Do you have any top tips for leasehold conveyancing in Swadlincote with the purpose of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Swadlincote can be bypassed where you get in touch lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the purchasers’ solicitors.
• Many landlords or managing agents in Swadlincote charge for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Swadlincote.

In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Swadlincote leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord consenting to such alterations. Where you dont have the approvals to hand do not communicate with the landlord without contacting your solicitor in the first instance.

If there is a history of any disputes with your landlord or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be nervous about purchasing a flat where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic as opposed to unsettled.

If you are supposed to have a share in the freehold, you should ensure that you are holding the original share certificate. Arranging a duplicate share certificate can be a time consuming process and slows down many a Swadlincote home move. Where a reissued share certificate is required, you should approach the company officers or managing agents (where applicable) for this as soon as possible.

Completion in due on our sale of a £400000 flat in Swadlincote in seven days. The freeholder has quoted £408 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in Swadlincote?

Swadlincote conveyancing on leasehold flats usually results in fees being levied by landlords agents :

• Answering pre-exchange enquiries
• Where consent is required before sale in Swadlincote
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Swadlincote leasehold property is £350. For Swadlincote 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 the information.

Leasehold Conveyancing in Swadlincote - Sample of Queries before buying

Is anyone aware of any major works on the horizon that will likely add a premium to the maintenance fees? Generally speaking the outlay for major works tend not to be wrapped into the service charges, although some managing agents in Swadlincote obliged leaseholders to contribute towards a sinking fund created for the specific purpose of building a fund for larger repairs or maintenance. The answer will be useful as a) areas may cause problems for the block as the common areas may begin to deteriorate where repairs remain unpaid b) if the tenants have a dispute with the running of the building you will need to have full disclosure

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Lease Extensions in Swadlincote