I wish to rent out my leasehold flat in Countesthorpe. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

A small minority of properties in Countesthorpe 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 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.

I've found a house that appears to be perfect, at a reasonable price which is making it all the more appealing. I have since found out that the title is leasehold rather than freehold. I am assuming that there are issues buying a leasehold house in Countesthorpe. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?

The majority of houses in Countesthorpe are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are buying in Countesthorpe in which case you should be looking for a Countesthorpe conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’sconsent to conduct alterations. 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 will advise you fully on all the issues.

I am a negotiator for a reputable estate agent office in Countesthorpe where we have experienced a few leasehold sales derailed due to leases having less than 80 years remaining. I have received contradictory information from local Countesthorpe conveyancing solicitors. Can you confirm whether the seller of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

As long as 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 to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

Alternatively, it may be possible 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.

Do you have any top tips for leasehold conveyancing in Countesthorpe with the intention of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Countesthorpe can be bypassed if you get in touch lawyers the minute you market your property and request that they start to collate the leasehold information which will be required by the purchasers’ conveyancers.
• Many landlords or managing agents in Countesthorpe charge for providing management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Countesthorpe.

In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Countesthorpe state that internal structural alterations or addition of wooden flooring require a licence from the Landlord approving such works. If you dont have the paperwork to hand do not communicate with the landlord without contacting your solicitor before hand.

A minority of Countesthorpe 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 put in hand bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the yearly 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.

You believe that you know the number of years remaining on your lease but it would be advisable verify this via your lawyers. A buyer’s lawyer will be unlikely to recommend their client to to exchange contracts if the lease term is less than 80 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £325000 flat in Countesthorpe in just under a week. The managing agents has quoted £348 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Countesthorpe?

For the majority of leasehold sales in Countesthorpe conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing conveyancing due diligence enquiries
• Where consent is required before sale in Countesthorpe
• 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 Countesthorpe leasehold premises is £350. For Countesthorpe 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 required to supply the information.

Countesthorpe Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

What is the yearly service fee and ground rent? The answer will be important as a) areas could cause problems in the block as the communal areas may start to deteriorate if services are not paid for b) if the leasehold owners have an issue with the managing agents you will need to have complete disclosure Many Countesthorpe leasehold properties will be liable to pay a service bill for the upkeep of the building set by the landlord. Where you buy the flat you will have to meet this contribution, usually in instalments accross the year. This could be anything from a couple of hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a ground rent to be met yearly, ordinarily this is not a significant figure, say about £25-£75 but you should to check as sometimes it could be surprisingly expensive.

Other Topics

Lease Extensions in Countesthorpe