I am intending to let out my leasehold apartment in Histon. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Notwithstanding that your last Histon conveyancing lawyer is no longer available you can check your lease to check if you are permitted to let out the apartment. The accepted inference is that if the lease is silent, subletting is allowed. There may be a precondition that you must seek consent via your landlord or some other party in advance of subletting. This means that you cannot sublet without first obtaining consent. Such consent should not be unreasonably turned down. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a great price which is making it all the more appealing. I have subsequently discovered that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns buying a leasehold house in Histon. Conveyancing solicitors have are soon to be appointed. Will they explain the issues?

Most houses in Histon are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in Histon in which case you should be looking for a Histon conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example obtaining the landlord’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the maintenance of the estate where the property is located on an estate. Your conveyancer will appraise you on the various issues.

I am looking at a couple of apartments in Histon which have approximately forty five years left on the lease term. should I be concerned?

There are plenty of short leases in Histon. The lease is a legal document that entitles you to use the property for a prescribed time frame. As a lease shortens the value of the lease reduces and it becomes more expensive to acquire a lease extension. This is why it is advisable to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease because mortgage lenders may be reluctant to lend money on properties of this type. Lease extension can be a difficult process. We recommend you get professional help from a conveyancer and surveyor with experience in this field

I am a negotiator for a busy estate agent office in Histon where we have experienced a number of flat sales put at risk as a result of short leases. I have been given conflicting advice from local Histon conveyancing solicitors. Please can you clarify whether the vendor of a flat can instigate the lease extension process 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 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 at the same time as completion of the disposal of the property.

Alternatively, it may be possible 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.

Completion in due on the sale of our £250000 flat in Histon in nine days. The freeholder has quoted £336 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Histon?

Histon conveyancing on leasehold apartments usually results in fees being raised by managing agents :

• Addressing pre-exchange enquiries
• Where consent is required before sale in Histon
• 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 Histon leasehold property is £350. For Histon 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 the information.

Leasehold Conveyancing in Histon - A selection of Questions you should consider before Purchasing

Best to be warned whether redecorating or some other major work is coming up that will be shared by the tenants and will dramatically impact the level of the service costs or require a one time payment. Who is in charge of the building? On the whole the cost for major works are not included within service charges, albeit that there some managing agents in Histon obliged leasehold owners to pay into a reserve fund and this is used to offset against major repairs or maintenance.

Other Topics

Lease Extensions in Histon