My fiance and I may need to rent out our Wisbech basement flat temporarily due to a new job. We used a Wisbech conveyancing practice in 2003 but they have closed and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your last Wisbech conveyancing solicitor is not available you can review your lease to check if it allows you to sublet the premises. The accepted inference is that if the deeds are non-specific, subletting is permitted. Quite often there is a prerequisite that you need to obtain consent from your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet in the absence of first obtaining consent. Such consent is not allowed to be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you should ask your landlord for their consent.

I’m about to sell my basement flat in Wisbech.Conveyancing is yet to be initiated but I have just received a quarterly service charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should clear 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 management companies 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 am looking at a two flats in Wisbech both have approximately fifty years left on the lease term. Should I regard a short lease as a deal breaker?

There are plenty of short leases in Wisbech. The lease is a right to use the property for a period of time. As a lease shortens the saleability of the lease decreases and results in it becoming more expensive to extend the lease. For this reason it is advisable to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease because mortgage lenders may be unwilling to lend money on such properties. Lease enfranchisement can be a protracted process. We advise that you get professional assistance from a solicitor and surveyor with experience in this area

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

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

• Can they put you in touch with client in Wisbech who can give a testimonial?
• What are the charges for lease extension work?

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

• A significant proportion of the delay in leasehold conveyancing in Wisbech can be reduced if you get in touch lawyers the minute your agents start marketing the property and ask them to put together the leasehold information needed by the purchasers’ conveyancers.
• The majority freeholders or managing agents in Wisbech levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Wisbech.
• If there is a history of conflict with your landlord or managing agents it is very important that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be warry 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 settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is better to present the dispute as historic as opposed to ongoing.
• If you hold a share in a the freehold, you should make sure that you have the original share certificate. Obtaining a duplicate share certificate can be a time consuming process and slows down many a Wisbech home move. Where a duplicate share is necessary, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later.
• You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this via your conveyancers. A purchaser's lawyer will not be happy to advise their client to where the remaining number of years is less than 75 years. In the circumstances it is essential at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

Wisbech Leasehold Conveyancing - Examples of Questions you should consider before Purchasing

What is the name of the managing agents?