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

A small minority of properties in Canton do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

There are only 62 years remaining on my flat in Canton. I now want to extend my lease but my freeholder is can not be found. What options are available to me?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to track down the landlord. In some cases an enquiry agent would be useful to try and locate and to produce an expert document which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to proving the landlord’s disappearance and the vesting order request to the County Court covering Canton.

I own a leasehold house in Canton. Conveyancing and TSB mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Canton who previously acted has now retired.What should I do?

The first thing you should do is contact HMLR to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to incur the fees of a Canton conveyancing lawyer to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Can you offer any advice when it comes to appointing a Canton conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Canton conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Canton 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:

• Can they put you in touch with client in Canton who can give a testimonial?

What are the costs for lease extension work?

If all goes to plan we aim to complete the disposal of our £225000 maisonette in Canton next Thursday . The landlords agents has quoted £372 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Canton?

Canton conveyancing on leasehold maisonettes typically results in administration charges invoiced by managing agents :

• Answering pre-exchange enquiries
• Where consent is required before sale in Canton
• 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 Canton leasehold premises is £350. For Canton 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 the information.

Leasehold Conveyancing in Canton - Examples of Queries Prior to Purchasing

You should want to find out as much as possible about the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you are often in the clutches of the managing agents from a financial perspective and when it comes to daily matters such as the cleanliness of the communal areas. Ask other people what they think of them. Finally, be sure you know the dates that you are obliged pay the service charge to the managing agents and precisely what you get for your money. Many Canton leasehold flats will have a service bill for maintenance of the block invoiced on behalf of the freeholder. If you buy the property you will have to meet this amount, normally quarterly accross the year. This may be anything from several hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a rentcharge to be met yearly, normally this is not a exorbitant amount, say approximately £50-£100 but you need to check as sometimes it could be many hundreds of pounds. Who is in charge of the building?

Other Topics

Lease Extensions in Canton