I would like to rent out my leasehold flat in Fairwater. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Some leases for properties in Fairwater do contain a provision to say that subletting is only allowed with permission. The landlord cannot 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 consent.

My wife and I purchased a leasehold flat in Fairwater. Conveyancing and Godiva Mortgages Ltd mortgage are in place. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Fairwater who acted for me is not around.Any advice?

The first thing you should do is contact the Land Registry to be sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Fairwater conveyancing solicitor to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Last month I purchased a leasehold flat in Fairwater. Am I liable to pay service charges relating to a period prior to completion of my purchase?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Do you have any top tips for leasehold conveyancing in Fairwater with the intention of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Fairwater can be reduced if you instruct lawyers the minute your agents start advertising the property and ask them to put together the leasehold information which will be required by the buyers solicitors.
• The majority landlords or Management Companies in Fairwater charge for supplying management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Fairwater.

We expect to complete the sale of our £325000 apartment in Fairwater in 10 days. The freeholder has quoted £360 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Fairwater?

Fairwater conveyancing on leasehold maisonettes often involves the buyer’s lawyer sending questions for the landlord to answer. Although the landlord is not legally bound to answer such questions most will be content to do so. They are at liberty charge a reasonable administration fee for answering questions or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The administration charge demanded by the landlord must be sent together with a summary of entitlements and obligations in relation to administration charges, otherwise the charge is technically not due. In reality one has no choice but to pay whatever is requested of you if you want to exchange contracts with the buyer.

Fairwater Leasehold Conveyancing - Examples of Questions you should ask Prior to buying

Its a good idea to find out as much as you can concerning the managing agents as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to every day issues like the upkeep of the communal areas. Enquire of prospective neighbours whether they are happy with their service. Finally, find out the dates that the maintenance fees are due to the managing agents and specifically how they are spending that money. Best to be warned whether fixing the lift or some other significant cost is anticipated to be shared amongst the tenants and will materially impact the level of the maintenance costs or necessitate a one time invoice. Many Fairwater leasehold flats will have a service charge for the upkeep of the building invoiced on behalf of the landlord. Should you acquire the flat you will have to pay this charge, normally quarterly throughout the year. This may be anything from a couple of hundred pounds to thousands of pounds for bigger purpose-built buildings. In all likelihood there will be a rentcharge for you to pay yearly, normally this is not a exorbitant figure, say around £50-£100 but you should to check it because on occasion it could be many hundreds of pounds.

Other Topics

Lease Extensions in Fairwater