I am intending to rent out my leasehold apartment in Halkyn. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Your lease governs the relationship between the freeholder and you the flat owner; in particular, it will say if subletting is not allowed, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Halkyn do not contain an absolute prevention of subletting – such a provision would adversely affect the market value the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.

I am attracted to a couple of maisonettes in Halkyn which have about forty five years left on the leases. Should I regard a short lease as a deal breaker?

There are plenty of short leases in Halkyn. The lease is a legal document that entitles you to use the premises for a prescribed time frame. As a lease gets shorter the saleability of the lease decreases and results in it becoming more costly to extend the lease. For this reason it is generally wise to increase the term of the lease. It is often difficulties arise selling premises with a short lease because mortgage lenders may be reluctant to lend money on properties of this type. Lease enfranchisement can be a protracted process. We recommend you seek professional assistance from a solicitor and surveyor with experience in this arena

I am a negotiator for a reputable estate agent office in Halkyn where we see a few flat sales derailed due to short leases. I have been given inconsistent advice from local Halkyn conveyancing firms. Could you clarify whether the owner of a flat can instigate the lease extension formalities for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as 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.

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

When appointing a conveyancer for lease extension works (regardless if they are a Halkyn conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Halkyn conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

• Can they put you in touch with client in Halkyn who can give a testimonial?
• What are the costs for lease extension work?

Are there frequently found defects that you see in leases for Halkyn properties?

Leasehold conveyancing in Halkyn is not unique. All leases are unique and drafting errors can sometimes mean that certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the property
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You will encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Coventry Building Society, and Alliance & Leicester all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, forcing the buyer to withdraw.

Halkyn Leasehold Conveyancing - Sample of Questions you should ask before buying

It is important to be aware whether changing the roof or some other significant cost is due in the near future that will be shared between the leasehold owners and will dramatically increase the the service fees or necessitate a specific invoice. Is anyone aware of any major works in the near future that will add a premium to the maintenance charges? Many Halkyn leasehold flats will incur a service bill for the upkeep of the block levied by the management company. Where you purchase the property you will have to meet this liability, usually periodically throughout the year. This can differ from two or three hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all probability there will be a ground rent for you to pay yearly, normally this is not a large amount, say approximately £25-£75 but you need to enquire it because occasionally it could be prohibitively expensive.