I would like to sublet my leasehold flat in Benfleet. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Your lease governs relations between the landlord and you the flat owner; specifically, it will set out if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Benfleet do not prevent strict prohibition on subletting – such a provision would adversely affect the market value the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

Planning to complete next month on a ground floor flat in Benfleet. Conveyancing lawyers have said that they report fully within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Benfleet should include some of the following:

• You should be sent a copy of the lease

Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord

The total extent of the property. This will be the flat itself but could also incorporate a loft or basement if appropriate.

Does the lease require carpeting throughout thus preventing wood flooring?

You should be told what counts as a Nuisance in the lease

You should have a good understanding of the insurance provisions

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide. For a comprehensive list of information to be included in your report on your leasehold property in Benfleet please enquire of your solicitor in ahead of your conveyancing in Benfleet

I've found a house that appears to be perfect, at a great figure which is making it more attractive. I have subsequently been informed that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Benfleet. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Benfleet ?

Most houses in Benfleet are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are buying in Benfleet in which case you should be shopping around for a Benfleet conveyancing practitioner and be sure that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the landlord’spermission to carry out changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your lawyer will appraise you on the various issues.

Do you have any advice for leasehold conveyancing in Benfleet from the point of view of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Benfleet can be reduced if you appoint lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold documentation needed by the buyers conveyancers.
• If you have carried out any alterations to the premises would they have required Landlord’s permission? Have you, for example installed wooden flooring? Benfleet leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence from the Landlord approving such alterations. If you fail to have the approvals to hand you should not contact the landlord without contacting your solicitor in advance.

If there is a history of conflict with your landlord or managing agents it is very important that these are settled prior to the flat being marketed. The purchasers and their solicitors will be concerned about purchasing a flat where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to present the dispute as over as opposed to unsettled.

If you are supposed to have a share in the freehold, you should make sure that you have the original share certificate. Arranging a re-issued share certificate is often a lengthy process and frustrates many a Benfleet home move. If a duplicate share certificate is needed, do contact the company director and secretary or managing agents (if relevant) for this as soon as possible.

You believe that you know the number of years remaining on your lease but you should double-check by asking your solicitors. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is under 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 home on the market for sale.

We expect to complete our sale of a £400000 maisonette in Benfleet next week. The freeholder has quoted £396 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Benfleet?

For most leasehold sales in Benfleet conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing pre-exchange enquiries
• Where consent is required before sale in Benfleet
• 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 Benfleet leasehold property is £350. For Benfleet 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 the information.

I invested in buying a split level flat in Benfleet, conveyancing having been completed 2001. Can you let me have an estimated range of the fair premium for a lease extension? Equivalent properties in Benfleet with over 90 years remaining are worth £222,000. The ground rent is £45 invoiced annually. The lease terminates on 21st October 2077

With just 56 years remaining on your lease the likely cost is going to range between £28,500 and £33,000 plus professional fees.

The suggested premium range above a general guide to costs for renewing a lease, but we are not able to advice on the actual costs in the absence of comprehensive investigations. Do not use the figures in tribunal or court proceedings. There are no doubt other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Please do not take any other action based on this information before getting professional advice.

Other Topics

Lease Extensions in Benfleet