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

A lease dictates the relationship between the freeholder and you the leaseholder; specifically, it will indicate if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Halstead do not prevent an absolute prevention of subletting – such a provision would adversely affect the market value the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

Planning to sign contracts shortly on a ground floor flat in Halstead. Conveyancing lawyers inform me that they report fully tomorrow. What should I be looking out for?

Your report on title for your leasehold conveyancing in Halstead should include some of the following:

• You should receive a copy of the lease

Does the lease prevent you from subletting the flat, or working from home

You should have a good understanding of the insurance provisions

Repair and maintenance of the flat

Changes to the flat (alterations and additions)

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

Responsibility for repairing the window frames For details of the information to be contained in your report on your leasehold property in Halstead please enquire of your solicitor in ahead of your conveyancing in Halstead

I've recently bought a leasehold flat in Halstead. Am I liable to pay service charges relating to a period prior to my ownership?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Can you provide any top tips for leasehold conveyancing in Halstead with the intention of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Halstead can be bypassed if you get in touch lawyers as soon as your agents start marketing the property and ask them to put together the leasehold information needed by the buyers lawyers.
• The majority freeholders or managing agents in Halstead charge for providing management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Halstead.

In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Halstead leases often stipulate that internal structural changes or installing wooden flooring require a licence issued by the Landlord acquiescing to such works. Should you fail to have the paperwork to hand you should not contact the landlord without checking with your conveyancer first.

If you hold a share in a the freehold, you should make sure that you have the original share certificate. Obtaining a replacement share certificate is often a time consuming process and delays many a Halstead home move. If a duplicate share is required, you should approach the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this via your conveyancers. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is less than 75 years. In the circumstances it is important 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 property on the market for sale.

Completion in due on the disposal of our £400000 garden flat in Halstead next week. The managing agents has quoted £372 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Halstead?

For the majority of leasehold sales in Halstead conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing conveyancing due diligence enquiries
• Where consent is required before sale in Halstead
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Halstead leasehold premises is £350. For Halstead 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 obliged to provide answers.

I purchased a 1 bedroom flat in Halstead, conveyancing having been completed 1997. Can you work out an approximate cost of a lease extension? Equivalent flats in Halstead with a long lease are worth £174,000. The ground rent is £55 per annum. The lease expires on 21st October 2090

You have 69 years remaining on your lease the likely cost is going to span between £13,300 and £15,400 as well as costs.

The figure above a general guide to costs for renewing a lease, but we cannot give you the actual costs without more detailed due diligence. Do not use this information in tribunal or court proceedings. There are no doubt other issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not move forward based on this information without first seeking the advice of a professional.

Other Topics

Lease Extensions in Halstead