My partner and I may need to rent out our Cheshunt 1st floor flat for a while due to taking a sabbatical. We used a Cheshunt conveyancing firm in 2003 but they have since shut and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

The lease dictates the relationship between the freeholder and you the leaseholder; specifically, it will indicate if subletting is not allowed, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Cheshunt do not prevent strict prohibition on subletting – such a clause 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've found a house that appears to be perfect, at a reasonable figure which is making it all the more appealing. I have since discovered that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Cheshunt. Conveyancing solicitors have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Cheshunt ?

The majority of houses in Cheshunt are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are buying in Cheshunt so you should seriously consider shopping around for a Cheshunt conveyancing solicitor and be sure that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as requiring the freeholder’sconsent to conduct changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your conveyancer should appraise you on the various issues.

My wife and I purchased a leasehold flat in Cheshunt. Conveyancing and Accord Mortgages Ltd mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Cheshunt who acted for me is not around.What should I do?

The first thing you should do is contact HMLR to be sure that this person is in fact the new freeholder. It is not necessary to incur the fees of a Cheshunt conveyancing firm to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Do you have any advice for leasehold conveyancing in Cheshunt from the perspective of expediting the sale process?

• Much of the delay in leasehold conveyancing in Cheshunt can be reduced where you instruct lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ lawyers.
• In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Cheshunt leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord consenting to such works. Should you dont have the consents in place you should not contact the landlord without checking with your solicitor before hand.

A minority of Cheshunt 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 put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are able to meet 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 purchasers or their solicitors.

If there is a history of any disputes with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be concerned about purchasing a property where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over rather than unresolved.

You believe that you know the number of years left on your lease but it would be advisable verify this via your solicitors. A buyer’s conveyancer will not be happy to advise their client to to exchange contracts if the lease term is less than 80 years. In the circumstances it is important at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

All being well we will complete the disposal of our £475000 garden flat in Cheshunt next Thursday . The management company has quoted £384 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Cheshunt?

Cheshunt conveyancing on leasehold apartments normally involves administration charges levied by management companies :

• Addressing pre-contract questions
• Where consent is required before sale in Cheshunt
• 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 lawyer will have no control over the level of the charges for this information but the average costs for the information for Cheshunt leasehold property is £350. For Cheshunt 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.

Cheshunt Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to buying

Is anyone aware of any major works on the horizon that will likely add a premium to the service charges? What prohibitions are contained in the Cheshunt Lease? You should be aware that where the lease has no more than eighty years it will have adverse implications on the value of the apartment. Check with your mortgage company that they are willing to lend given the lease term. Leases with less than 80 years remaining means that you will most likely need a lease extension at some point and it is worth finding out what this would cost. Remember, in most cases you will be be obliged to have been the owner of the residence for 24 months before you are eligible to extend the lease.

Other Topics

Lease Extensions in Cheshunt