I wish to sublet my leasehold apartment in Alsager. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Even though your last Alsager conveyancing solicitor is not around you can review your lease to check if you are permitted to let out the property. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you must seek permission from your landlord or some other party before subletting. The net result is that you cannot sublet without first obtaining consent. The consent must not not be unreasonably withheld. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

I am employed by a long established estate agency in Alsager where we see a number of flat sales derailed due to leases having less than 80 years remaining. I have received contradictory information from local Alsager conveyancing firms. Can you confirm whether the owner of a flat can start the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has owned the lease 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 proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

An alternative approach is 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 buyer.

Can you offer any advice when it comes to appointing a Alsager conveyancing firm to carry out our lease extension conveyancing?

When appointing a solicitor for lease extension works (regardless if they are a Alsager conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Alsager conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• If they are not ALEP accredited then what is the reason?

Do you have any top tips for leasehold conveyancing in Alsager from the perspective of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Alsager can be reduced where you appoint lawyers the minute you market your property and ask them to collate the leasehold information which will be required by the buyers representatives.
• If you have carried out any alterations to the premises would they have required Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Alsager state that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such changes. Should you fail to have the approvals to hand do not contact the landlord without checking with your solicitor first.

If all goes to plan we aim to complete the disposal of our £500000 flat in Alsager next Thursday . The freeholder has quoted £324 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Alsager?

Alsager conveyancing on leasehold flats usually requires the buyer’s lawyer sending questions for the landlord to answer. Although the landlord is under no legal obligation to respond to such questions most will be content to assist. They may charge a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average costs for the information that you are referring to is over three hundred pounds, in some cases it exceeds £800. The administration charge invoiced by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration charges, without which the charge is not strictly payable. In reality you have no choice but to pay whatever is demanded should you wish to exchange contracts with the buyer.

I acquired a basement flat in Alsager, conveyancing formalities finalised in 1997. Can you please calculate a probable premium for a statutory lease extension? Equivalent properties in Alsager with an extended lease are worth £208,000. The average or mid-range amount of ground rent is £55 yearly. The lease terminates on 21st October 2078

You have 53 years unexpired we estimate the premium for your lease extension to be between £33,300 and £38,400 plus legals.

The suggested premium range above a general guide to costs for extending a lease, but we cannot give you the actual costs without more detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before seeking the advice of a professional.

Other Topics

Lease Extensions in Alsager