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

Even though your last Frant conveyancing solicitor is no longer available you can check your lease to check if you are permitted to let out the premises. The accepted inference is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you need to obtain permission via your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet in the absence of prior permission. The consent must not not be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

I have recently realised that I have 72 years unexpired on my lease in Frant. I now want to get lease extension but my landlord is missing. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to track down the landlord. In some cases a specialist would be helpful to carry out a search and prepare a report which can be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a property lawyer both on devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Frant.

I today plan to offer on a house that seems to meet my requirements, at a great price which is making it more attractive. I have subsequently discovered that it's a leasehold as opposed to freehold. I would have thought that there are issues purchasing a leasehold house in Frant. Conveyancing lawyers have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Frant ?

Most houses in Frant 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 purchasing in Frant in which case you should be looking for a Frant conveyancing practitioner and check that they have experience in transacting on leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the landlord’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the estate where the house is located on an estate. Your solicitor will advise you fully on all the issues.

I work for a busy estate agency in Frant where we have experienced a few flat sales put at risk due to leases having less than 80 years remaining. I have been given inconsistent advice from local Frant conveyancing firms. Please can you shed some light as to whether the vendor of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has owned the lease 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 wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.

An alternative approach is to agree the lease extension with the freeholder 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 buyer.

What are your top tips when it comes to finding a Frant conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a Frant conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Frant conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:

• What volume of lease extensions has the firm completed in Frant in the last 12 months?

Frant Leasehold Conveyancing - Sample of Queries before buying

Many Frant leasehold properties will be liable to pay a service bill for the upkeep of the block set by the freeholder. Where you purchase the apartment you will have to meet this amount, normally quarterly accross the year. This could vary from several hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a rentcharge to be met yearly, ordinarily this is not a large figure, say approximately £25-£75 but you should to check it because on occasion it could be prohibitively expensive. It would be prudent to discover as much as you can regarding the company managing the block as they can either make living at the property much easier or problematic. Being a leasehold owner you are often in the clutches of the managing agents both financially and when it comes to daily matters such as the tidiness of the communal areas. You should not be afraid to ask prospective neighbours what they think of them. On a final note, find out the dates that the service fees are due to the managing agents and precisely how they are spending the funds. Generally speaking the cost for major works are not included within service charges, although a few managing agents in Frant obliged leaseholders to pay into a reserve fund and this is used to offset against larger works.

Other Topics

Lease Extensions in Frant