My fiance and I may need to sub-let our Clapton ground floor flat temporarily due to a new job. We used a Clapton conveyancing practice in 2001 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your last Clapton conveyancing solicitor is not available you can review your lease to see if you are permitted to let out the apartment. The accepted inference is that if the lease is silent, subletting is allowed. There may be a precondition that you are obliged to obtain permission via your landlord or other appropriate person prior to subletting. This means you not allowed to sublet in the absence of prior consent. The consent is not allowed to be unreasonably turned down. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

I am tempted by the attractive purchase price for a two apartments in Clapton both have in the region of 50 years unexpired on the leases. Will this present a problem?

There are plenty of short leases in Clapton. The lease is a right to use the premises for a period of time. As the lease gets shorter the value of the lease reduces and results in it becoming more costly to extend the lease. This is why it is generally wise to extend the lease term. More often than not it is difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on properties of this type. Lease extension can be a protracted process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this arena

What are your top tips when it comes to finding a Clapton conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a property lawyer for lease extension works (regardless if they are a Clapton conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with several firms including non Clapton conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:

• If they are not ALEP accredited then what is the reason?
• What are the charges for lease extension work?

Can you provide any top tips for leasehold conveyancing in Clapton from the point of view of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Clapton can be bypassed if you appoint lawyers the minute you market your property and request that they start to put together the leasehold information which will be required by the buyers representatives.
• Many landlords or Management Companies in Clapton levy fees for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Clapton.
• In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Clapton leases often stipulate that internal structural changes or installing wooden flooring calls for a licence from the Landlord approving such alterations. Should you dont have the paperwork in place you should not communicate with the landlord without checking with your lawyer first.
• Some Clapton leases require Licence to Assign from the landlord. If this is the case, you should 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
• If you hold a share in a the freehold, you should ensure that you have the original share document. Arranging a new share certificate is often a lengthy formality and delays many a Clapton conveyancing deal. Where a duplicate share certificate is required, you should approach the company director and secretary or managing agents (if applicable) for this as soon as possible.

All being well we will complete the sale of our £ 450000 apartment in Clapton next week. The landlords agents has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Clapton?

Clapton conveyancing on leasehold flats often involves the purchaser’s conveyancer submitting enquiries for the landlord to address. Although the landlord is not legally bound to address such questions most will be willing to assist. They are at liberty invoice a reasonable charge for responding to questions or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some cases it is above £800. The management information fee invoiced by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration fees, otherwise the invoice is not strictly payable. In reality one has no option but to pay whatever is demanded should you wish to exchange contracts with the buyer.

I have tried to negotiate informally with with my landlord for a lease extension without success. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a Clapton conveyancing firm to assist?

in cases where there is a absentee freeholder or if there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to determine the amount due.

An example of a Freehold Enfranchisement decision for a Clapton residence is 104 Nightingale Road in May 2009. The Tribunal's Decision is that the premium torbe paid for the enfranchisement in this case is £112,174 This case was in relation to 10 flats. The the number of years remaining on the existing lease(s) was 71.25 years.

I invested in buying a ground floor flat in Clapton, conveyancing was carried out in 1996. Can you let me have an estimated range of the fair premium for a lease extension? Corresponding flats in Clapton with a long lease are worth £190,000. The ground rent is £65 invoiced annually. The lease ends on 21st October 2082

With 56 years unexpired we estimate the price of your lease extension to span between £27,600 and £31,800 as well as plus your own and the landlord's "reasonable" professional fees.

The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to supply the actual costs in the absence of detailed investigations. Do not use this information in tribunal or court proceedings. There may be other issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not take any other action based on this information without first getting professional advice.