My wife and I may need to sub-let our Cirencester ground floor flat for a while due to a new job. We instructed a Cirencester conveyancing practice in 2004 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

The lease governs the relationship between the freeholder and you the flat owner; specifically, it will indicate if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Cirencester do not contain strict prohibition on subletting – such a clause would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

You should [be sent a copy of the lease|receive a copy of the lease]

Due to exchange soon on a basement flat in Cirencester. Conveyancing solicitors assured me that they report fully on Monday. What should I be looking out for?

Your report on title for your leasehold conveyancing in Cirencester should include some of the following:

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
• 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.
• Responsibility for repairing the window frames
• What you can do if a neighbour breach a clause of their lease?
• What the implications are if you breach a clause of your lease?

For details of the information to be contained in your report on your leasehold property in Cirencester please enquire of your conveyancer in advance of your conveyancing in Cirencester

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a reasonable price which is making it more attractive. I have just been informed that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Cirencester. Conveyancing lawyers have not yet been appointed. Will they explain the issues?

Most houses in Cirencester are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Cirencester so you should seriously consider looking for a Cirencester conveyancing solicitor and check that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as requiring the freeholder’spermission to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the house is located on an estate. Your conveyancer should advise you fully on all the issues.

Do you have any top tips for leasehold conveyancing in Cirencester with the purpose of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Cirencester can be reduced where you appoint lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the buyers conveyancers.
• The majority landlords or Management Companies in Cirencester levy fees for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Cirencester.
• If you have carried out any alterations to the residence would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Cirencester state that internal structural changes or installing wooden flooring necessitate a licence from the Landlord consenting to such changes. Should you dont have the approvals in place you should not contact the landlord without contacting your conveyancer in the first instance.
• Some Cirencester leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should 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 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 buyers or their solicitors.
• If you have the benefit of shareholding in the Management Company, you should make sure that you hold the original share document. Arranging a new share certificate is often a lengthy formality and delays many a Cirencester conveyancing transaction. Where a duplicate share is necessary, you should approach the company director and secretary or managing agents (where applicable) for this as soon as possible.

We expect to complete the disposal of our £ 275000 flat in Cirencester in 5 days. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in Cirencester?

Cirencester conveyancing on leasehold apartments ordinarily results in administration charges levied by freeholders :

• Answering conveyancing due diligence questions
• Where consent is required before sale in Cirencester
• 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 conveyancer will have no control over the level of the charges for this information but the average costs for the information for Cirencester leasehold premises is £350. For Cirencester 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.

Cirencester Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing

Please tell me if there are any major works on the horizon that will likely add a premium to the maintenance charges?