I would like to let out my leasehold flat in Ascot. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

A lease governs relations between the freeholder and you the leaseholder; in particular, it will say if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Ascot do not contain an absolute prevention of subletting – such a provision would adversely affect the market value the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

I have recently realised that I have Seventy years unexpired on my flat in Ascot. I am keen to extend my lease but my landlord is missing. What should I do?

On the basis that you qualify, 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 enable the lease to be lengthened by the magistrate. You will be obliged to prove that you or your lawyers have done all that could be expected to locate the lessor. On the whole a specialist would be useful to try and locate and to produce a report to be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s absence and the application to the County Court covering Ascot.

Can you offer any advice when it comes to choosing a Ascot conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for lease extension works (regardless if they are a Ascot conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Ascot conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

• What volume of lease extensions has the firm conducted in Ascot in the last twenty four months?

What are the legal fees for lease extension conveyancing?

Do you have any advice for leasehold conveyancing in Ascot with the purpose of expediting the sale process?

• Much of the delay in leasehold conveyancing in Ascot can be bypassed where you instruct lawyers the minute your agents start marketing the property and request that they start to put together the leasehold information needed by the purchasers’ solicitors.
• Many freeholders or managing agents in Ascot charge for providing management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information 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 usual cause of frustration in leasehold conveyancing in Ascot.

If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you laid down wooden flooring? Ascot leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence from the Landlord consenting to such works. Where you dont have the consents in place do not contact the landlord without contacting your solicitor first.

Some Ascot 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 obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is 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 service charge figures so that they can pass this information on to the buyers or their solicitors.

If you have the benefit of shareholding in the freehold, you should ensure that you have the original share document. Arranging a duplicate share certificate is often a lengthy process and delays many a Ascot home move. Where a new share certificate is needed, you should approach the company officers or managing agents (where relevant) for this sooner rather than later.

All being well we will complete the sale of our £250000 maisonette in Ascot next week. The management company has quoted £360 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Ascot?

Ascot conveyancing on leasehold apartments usually involves administration charges invoiced by managing agents :

• Completing pre-exchange questions
• Where consent is required before sale in Ascot
• Supplying insurance information
• 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 Ascot leasehold property is £350. For Ascot 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 provide answers.

Ascot Leasehold Conveyancing - Sample of Questions you should ask before Purchasing

Plenty Ascot leasehold apartments will be liable to pay a service bill for maintenance of the building invoiced on behalf of the landlord. Where you purchase the apartment you will have to pay this liability, normally periodically accross the year. This may be anything from a couple of hundred pounds to thousands of pounds for large purpose-built blocks. In all probability there will be a rentcharge to be met yearly, this is usually not a exorbitant figure, say approximately £25-£75 but you should to check as occasionally it can be surprisingly expensive. Is the freehold reversion owned collectively by the tenants? The best form of lease structure is where the freehold title is owned by the leaseholders. In this situation the leaseholders benefit from control and notwithstanding that a managing agent is frequently employed if it is larger than a house conversion, the managing agent is directed by the tenants.

Other Topics

Lease Extensions in Ascot