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

Some leases for properties in Hale Barns 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 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 permission.

Due to sign contracts shortly on a ground floor flat in Hale Barns. Conveyancing solicitors have said that they report fully next week. What should I be looking out for?

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

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord

Does the lease prevent you from renting out the flat, or working from home

Whether your lease has a provision for a reserve fund?

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.

Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?

Responsibility for repairing the window frames

What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Hale Barns please enquire of your solicitor in advance of your conveyancing in Hale Barns

I am a negotiator for a long established estate agency in Hale Barns where we have experienced a few leasehold sales put at risk as a result of short leases. I have been given inconsistent advice from local Hale Barns conveyancing solicitors. Can you clarify whether the seller of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

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 purchaser.

Can you provide any top tips for leasehold conveyancing in Hale Barns with the purpose of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Hale Barns can be reduced if you get in touch lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ solicitors.
• If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example installed wooden flooring? Hale Barns leases often stipulate that internal structural alterations or addition of wooden flooring require a licence from the Landlord consenting to such alterations. If you dont have the consents to hand you should not contact the landlord without checking with your conveyancer in the first instance.

A minority of Hale Barns leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are able to meet 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 lawyers.

If there is a history of any disputes with your landlord or managing agents it is essential that these are settled before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. 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 details of the dispute to the purchasers, but it is better to reveal the dispute as historic rather than ongoing.

If you hold a share in a the freehold, you should make sure that you hold the original share document. Obtaining a replacement share certificate is often a lengthy formality and delays many a Hale Barns home move. If a reissued share certificate is needed, you should approach the company officers or managing agents (if applicable) for this at the earliest opportunity.

All being well we will complete the sale of our £200000 garden flat in Hale Barns next week. The freeholder has quoted £372 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Hale Barns?

Hale Barns conveyancing on leasehold maisonettes usually involves fees being invoiced by landlords agents :

• Completing pre-contract questions
• Where consent is required before sale in Hale Barns
• 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 Hale Barns leasehold property is £350. For Hale Barns 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 required to provide the information.

I am the registered owner of a garden flat in Hale Barns, conveyancing having been completed in 2003. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Corresponding properties in Hale Barns with an extended lease are worth £193,000. The average or mid-range amount of ground rent is £60 invoiced every year. The lease runs out on 21st October 2088

You have 64 years unexpired we estimate the price of your lease extension to span between £16,200 and £18,600 as well as legals.

The figure above a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. You should not use this information in tribunal or court proceedings. There are no doubt other concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information before getting professional advice.

Other Topics

Lease Extensions in Hale Barns