I would like to rent out my leasehold apartment in Dore. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

A small minority of properties in Dore 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 dictates 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 am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable figure which is making it all the more appealing. I have subsequently found out that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a leasehold house in Dore. Conveyancing advisers have are about to be appointed. Will they explain the issues?

Most houses in Dore are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Dore so you should seriously consider looking for a Dore conveyancing practitioner and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’spermission to conduct alterations. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the house is part of an estate. Your lawyer should report to you on the legal implications.

What are your top tips when it comes to appointing a Dore conveyancing practice to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Dore conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Dore conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

• How experienced is the practice with lease extension legislation?

What volume of lease extensions have they carried out in Dore in the last year?

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £500000 garden flat in Dore on Tuesday in a week. The management company has quoted £396 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Dore?

Dore conveyancing on leasehold flats typically necessitates fees being invoiced by managing agents :

• Completing pre-contract enquiries
• Where consent is required before sale in Dore
• 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 Dore leasehold property is £350. For Dore 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.

When it comes to leasehold conveyancing in Dore what are the most common lease problems?

Leasehold conveyancing in Dore is not unique. Most leases is drafted differently and drafting errors can sometimes mean that certain provisions are wrong. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the property
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You could have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Nationwide Building Society, The Mortgage Works, and Barclays Direct all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, forcing the buyer to withdraw.

Dore Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to Purchasing

It is important to be aware if window replacement or some other significant cost is pending that will be shared by the leaseholders and will dramatically impact the level of the maintenance costs or require a specific payment. What is the the remaining lease term? Where a Dore lease has no more than 80 years it will have adverse implications on the value of the property. It is worth checking with your mortgage company that they are willing to to proceed given the lease term. A short lease means that you will almost definitely require a lease extension at some point and you need to have some idea of what this will be. Remember, in most cases you would be required to have owned the property for 24 months in order to be eligible to exercise a lease extension.

Other Topics

Lease Extensions in Dore