I am intending to rent out my leasehold apartment in Berkhamsted. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

The lease governs the relationship between the landlord and you the leaseholder; specifically, it will indicate if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Berkhamsted do not prevent strict prohibition on subletting – such a provision would undoubtedly devalue the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.

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

If you are instructing a property lawyer for lease extension works (regardless if they are a Berkhamsted conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Berkhamsted conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

• How many lease extensions has the firm completed in Berkhamsted in the last year?

What are the legal fees for lease extension conveyancing?

Can you provide any top tips for leasehold conveyancing in Berkhamsted from the perspective of expediting the sale process?

• Much of the delay in leasehold conveyancing in Berkhamsted can be reduced where you get in touch lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation needed by the buyers conveyancers.
• Many landlords or managing agents in Berkhamsted levy fees for supplying management packs for a leasehold premises. You or your lawyers should discover 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 obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Berkhamsted.

If you have carried out any alterations to the residence would they have required Landlord’s consent? Have you, for example installed wooden flooring? Berkhamsted leases often stipulate that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord acquiescing to such works. Where you fail to have the consents to hand you should not communicate with the landlord without contacting your solicitor in the first instance.

A minority of Berkhamsted leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are 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 actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.

If you hold a share in a the Management Company, you should ensure that you have the original share certificate. Arranging a re-issued share certificate is often a time consuming process and slows down many a Berkhamsted home move. If a new share is required, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later.

All being well we will complete our sale of a £275000 garden flat in Berkhamsted in just under a week. The landlords agents has quoted £360 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Berkhamsted?

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

• Addressing pre-exchange questions
• Where consent is required before sale in Berkhamsted
• 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 Berkhamsted leasehold premises is £350. For Berkhamsted 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 required to provide answers.

What makes a Berkhamsted lease problematic?

Leasehold conveyancing in Berkhamsted is not unique. Most leases are individual and legal mistakes in the legal wording can result in certain provisions are wrong. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the building
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Coventry Building Society, and Britannia all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, forcing the buyer to withdraw.

Leasehold Conveyancing in Berkhamsted - Examples of Questions you should ask before buying

Are any of leasehold owners in dispute over their service charge payments? It would be sensible to discover as much as possible concerning the managing agents as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to practical matters like the upkeep of the communal areas. Ask other people what they think of their service. Finally, be sure you know the dates that the maintenance charges are due to the appropriate party and precisely how they are spending the funds. The prefered form of lease arrangement is a share of the freehold. In this arrangement the tenants benefit from being in charge if their destiny and although a managing agent is often retained if it is bigger than a house conversion, the managing agent is directed by the tenants.

Other Topics

Lease Extensions in Berkhamsted