Frank (my husband) and I may need to rent out our Crook 1st floor flat for a while due to a career opportunity. We used a Crook conveyancing firm in 2003 but they have since shut and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

Your lease governs relations between the freeholder and you the flat owner; specifically, it will say if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Crook do not prevent subletting altogether – such a provision would adversely affect the market value the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.

I today plan to offer on a house that seems to meet my requirements, at a reasonable price which is making it more attractive. I have since found out that the title is leasehold rather than freehold. I would have thought that there are issues buying a house with a leasehold title in Crook. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Crook ?

The majority of houses in Crook are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Crook in which case you should be looking for a Crook conveyancing solicitor and check that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example obtaining the freeholder’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the maintenance of the communal areas where the property is part of an estate. Your solicitor will advise you fully on all the issues.

I am looking at a two maisonettes in Crook which have approximately forty five years remaining on the leases. Will this present a problem?

There are plenty of short leases in Crook. The lease is a right to use the property for a prescribed time frame. As the lease shortens the saleability of the lease deteriorate and results in it becoming more expensive to extend the lease. This is why it is advisable to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease extension can be a difficult process. We advise that you seek professional assistance from a conveyancer and surveyor with experience in this field

Can you provide any top tips for leasehold conveyancing in Crook with the intention of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Crook can be reduced where you get in touch lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the buyers representatives.
• Many landlords or managing agents in Crook charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management information sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Crook.
• A minority of Crook leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are able to meet 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.
• If you have had any disputes with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or settle 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 are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic rather than unresolved.
• If you are supposed to have a share in the freehold, you should ensure that you are holding the original share certificate. Organising a replacement share certificate can be a lengthy formality and frustrates many a Crook conveyancing transaction. Where a reissued share certificate is necessary, you should approach the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £ 300000 flat in Crook next week. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Crook?

Crook conveyancing on leasehold flats normally involves administration charges invoiced by managing agents :

• Completing pre-exchange enquiries
• Where consent is required before sale in Crook
• Supplying insurance information
• 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 Crook leasehold property is £350. For Crook 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 supply the information.

I acquired a 1 bedroom flat in Crook, conveyancing formalities finalised in 2005. Can you please calculate a probable premium for a statutory lease extension? Comparable properties in Crook with over 90 years remaining are worth £205,000. The ground rent is £60 invoiced every year. The lease ends on 21st October 2091

With just 65 years left to run we estimate the premium for your lease extension to span between £13,300 and £15,400 plus legals.

The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There may be other issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information without first getting professional advice.