I want to rent out my leasehold flat in Great Barford. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Notwithstanding that your previous Great Barford conveyancing solicitor is no longer around you can review your lease to check if it allows you to sublet the property. The rule is that if the deeds are non-specific, subletting is permitted. Quite often there is a prerequisite that you need to obtain permission via your landlord or some other party in advance of subletting. This means you not allowed to sublet in the absence of first obtaining consent. Such consent should not be unreasonably refused ore delayed. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

Can you offer any advice when it comes to appointing a Great Barford conveyancing firm to deal with our lease extension?

When appointing a solicitor for your lease extension (regardless if they are a Great Barford conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Great Barford conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:

• How familiar is the practice with lease extension legislation?
• Can they put you in touch with client in Great Barford who can give a testimonial?

Can you provide any advice for leasehold conveyancing in Great Barford from the perspective of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Great Barford can be bypassed if you get in touch lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the purchasers’ solicitors.
• In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Great Barford state that internal structural changes or installing wooden flooring necessitate a licence issued by the Landlord consenting to such changes. Should you fail to have the paperwork to hand you should not communicate with the landlord without checking with your lawyer first.
• Some Great Barford leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand 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 actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
• If there is a history of any disputes with your landlord or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve 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 particulars of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over as opposed to unsettled.
• If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share certificate. Obtaining a re-issued share certificate can be a lengthy process and delays many a Great Barford conveyancing transaction. Where a reissued share certificate is needed, you should approach the company officers or managing agents (if relevant) for this as soon as possible.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £ 475000 flat in Great Barford in just under a week. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Great Barford?

Great Barford conveyancing on leasehold maisonettes often necessitates the buyer’s lawyer sending questions for the landlord to address. Although the landlord is under no legal obligation to respond to such questions most will be content to assist. They are at liberty charge a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some situations it is in excess of £800. The management information fee invoiced by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration charges, without which the invoice is not strictly payable. In reality one has little choice but to pay whatever is requested of you if you want to exchange contracts with the buyer.

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

There is nothing unique about leasehold conveyancing in Great Barford. Most leases are unique and legal mistakes in the legal wording can result in certain sections are wrong. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the premises
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , The Royal Bank of Scotland, and Aldermore all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the buyer to withdraw.

Leasehold Conveyancing in Great Barford - Examples of Queries before Purchasing

The majority of Great Barford leasehold properties will have a service bill for the upkeep of the building levied by the management company. Should you buy the property you will have to pay this liability, normally quarterly accross the year. This can differ from two or three hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a ground rent for you to pay yearly, this is usually not a large amount, say about £25-£75 but you need to enquire it because occasionally it can be prohibitively expensive.