I wish to rent out my leasehold flat in Cleveleys. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Some leases for properties in Cleveleys do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see 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 permission.

Estate agents have just been given the go-ahead to market my ground floor flat in Cleveleys.Conveyancing is yet to be initiated but I have just had a quarterly service charge demand – what should I do?

It best that you discharge the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I am employed by a reputable estate agency in Cleveleys where we have witnessed a few leasehold sales derailed due to leases having less than 80 years remaining. I have received conflicting advice from local Cleveleys conveyancing solicitors. Can you clarify whether the owner of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

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

When appointing a conveyancer for your lease extension (regardless if they are a Cleveleys conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non Cleveleys 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:

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

All being well we will complete the disposal of our £275000 apartment in Cleveleys in 5 days. The managing agents has quoted £396 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Cleveleys?

Cleveleys conveyancing on leasehold flats normally involves the buyer’s solicitor submitting questions for the landlord to address. Although the landlord is under no legal obligation to address such questions most will be content to assist. They are at liberty invoice a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is over three hundred pounds, in some situations it exceeds £800. The administration charge levied by the landlord must be sent together with a synopsis of rights and obligations in relation to administration fees, without which the invoice is technically not due. In reality one has no choice but to pay whatever is demanded if you want to complete the sale of your home.

Cleveleys Conveyancing for Leasehold Flats - A selection of Questions you should consider before Purchasing

What is the annual maintenance fee and ground rent? Many Cleveleys leasehold properties will have a service charge for maintenance of the block invoiced on behalf of the landlord. If you buy the flat you will have to meet this charge, usually quarterly accross the year. This could vary from a few hundred pounds to thousands of pounds for buildings with lifts and large common areas. There will also be a rentcharge for you to pay annual, normally this is not a large amount, say about £50-£100 but you should to check it because on occasion it could be prohibitively expensive. The answer will be useful as a) areas can result in problems for the block as the communal areas may start to deteriorate if services remain unpaid b) if the leasehold owners have a dispute with the running of the building you will wish to have full disclosure

Other Topics

Lease Extensions in Cleveleys