I am intending to sublet my leasehold flat in Falmouth. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Notwithstanding that your last Falmouth conveyancing lawyer is not around you can check your lease to see if it allows you to sublet the property. The accepted inference is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you need to seek consent via your landlord or some other party in advance of subletting. The net result is you not allowed to sublet without first obtaining consent. Such consent should not be unreasonably withheld. If the lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

Due to complete next month on a studio apartment in Falmouth. Conveyancing lawyers assured me that they are sending me a report next week. What should I be looking out for?

The report on title for your leasehold conveyancing in Falmouth should include some of the following:

• The total extent of the premises. This will be the flat itself but could also include a loft or cellar if appropriate.
• Whether the lease restricts you from letting out the flat, or working from home
• Whether your lease has a provision for a sinking fund?
• You should have a good understanding of the insurance provisions
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
• What the implications are if you breach a clause of your lease?

Can you offer any advice when it comes to finding a Falmouth conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Falmouth conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Falmouth conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• If the firm is not ALEP accredited then why not?
• What volume of lease extensions have they carried out in Falmouth in the last 12 months?

Can you provide any top tips for leasehold conveyancing in Falmouth from the point of view of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Falmouth can be reduced if you appoint lawyers as soon as you market your property and request that they start to collate the leasehold documentation which will be required by the buyers conveyancers.
• Many landlords or managing agents in Falmouth levy fees for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Falmouth.
• Some Falmouth leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is financially capable of paying the annual 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 buyers or their solicitors.
• If you hold a share in a the freehold, you should ensure that you have the original share document. Obtaining a new share certificate can be a lengthy process and slows down many a Falmouth home move. Where a reissued share is necessary, do contact the company officers or managing agents (where applicable) for this as soon as possible.
• You believe that you know the number of years left on your lease but it would be advisable verify this by asking your conveyancers. A buyer’s conveyancer will not be happy to advise their client to where the lease term is below 75 years. It is therefore essential at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

We expect to complete our sale of a £ 175000 flat in Falmouth on Wednesday in a week. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Falmouth?

Falmouth conveyancing on leasehold apartments usually requires the buyer’s conveyancer sending enquiries for the landlord to answer. Although the landlord is not legally bound to answer these enquiries the majority will be willing to do so. They are at liberty levy a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some situations it is above £800. The management information fee required by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration charges, without which the charge is technically not due. Reality however dictates that one has no option but to pay whatever is demanded if you want to exchange contracts with the buyer.

I acquired a 2 bed flat in Falmouth, conveyancing formalities finalised half a dozen years ago. Can you let me have an estimated range of the fair premium for a lease extension? Comparable flats in Falmouth with over 90 years remaining are worth £265,000. The average or mid-range amount of ground rent is £50 invoiced annually. The lease terminates on 21st October 2084

You have 58 years unexpired we estimate the premium for your lease extension to span between £23,800 and £27,400 plus costs.

The suggested premium range above a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of detailed due diligence. Do not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. You should not move forward placing reliance on this information before getting professional advice.