I want to rent out my leasehold flat in Turvey. 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 Turvey conveyancing lawyer is not around you can check your lease to check if you are permitted to let out the premises. The rule is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you must obtain consent via your landlord or some other party before subletting. The net result is you not allowed to sublet without first obtaining permission. The consent should not be unreasonably turned down. If the lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable figure which is making it all the more appealing. I have just found out that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a leasehold house in Turvey. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Turvey ?

Most houses in Turvey are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Turvey so you should seriously consider looking for a Turvey conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’sconsent to carry out changes to the property. You may also be required to pay a contribution towards the maintenance of the estate where the house is part of an estate. Your solicitor should advise you fully on all the issues.

Last month I purchased a leasehold house in Turvey. Do I have any liability for service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Can you provide any top tips for leasehold conveyancing in Turvey with the purpose of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Turvey can be avoided where you instruct lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold information needed by the purchasers’ conveyancers.
• Many landlords or Management Companies in Turvey levy fees for supplying management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack sought 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 usual cause of frustration in leasehold conveyancing in Turvey.

In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Turvey state that internal structural changes or laying down wooden flooring require a licence from the Landlord acquiescing to such works. If you dont have the paperwork in place you should not contact the landlord without checking with your conveyancer in advance.

If you are supposed to have a share in the freehold, you should ensure that you are holding the original share document. Organising a re-issued share certificate is often a time consuming process and delays many a Turvey home move. Where a duplicate share certificate is required, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.

You believe that you know the number of years remaining on your lease but it would be advisable verify this via your solicitors. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is below 80 years. It is therefore essential at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

We expect to complete the disposal of our £475000 apartment in Turvey in nine days. The landlords agents has quoted £348 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Turvey?

Turvey conveyancing on leasehold maisonettes ordinarily results in administration charges levied by freeholders :

• Answering pre-exchange enquiries
• Where consent is required before sale in Turvey
• 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 lawyer will have no control over the level of the charges for this information but the average costs for the information for Turvey leasehold property is £350. For Turvey 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 obliged to supply answers.

Leasehold Conveyancing in Turvey - Examples of Questions you should consider before Purchasing

Generally speaking the cost for major works are not wrapped into the maintenance charges, although some managing agents in Turvey require tenants to contribute towards a sinking fund created for the specific intention of establishing a fund for larger repairs or maintenance. Make sure you discover if there are any onerous restrictions in the lease. For example plenty of leases prohibit pets being permitted in in a block in Turvey. If you love the apartmentin Turvey however your cat is not allowed to make the move with you then you will be presented with a hard choice. Please note if it is less than eighty years it will have adverse implications on the salability of the flat. It is worth checking with your bank that they are willing to lend given the lease term. Leases with less than 80 years remaining means that you will almost definitely have to extend the lease at some point and it is worth discovering what this will be. Remember, in most cases you will be be obliged to have owned the residence for two years in order to be eligible to exercise a lease extension.

Other Topics

Lease Extensions in Turvey