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

The lease governs the relationship between the landlord and you the leaseholder; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Jarrow do not contain an absolute prevention of subletting – such a clause would adversely affect the market value the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.

I’m about to sell my ground floor apartment in Jarrow.Conveyancing has not commenced but I have just received a yearly maintenance charge invoice – what should I do?

It best that you clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

What advice can you give us when it comes to appointing a Jarrow conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Jarrow conveyancing firm) 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 speak with several firms including non Jarrow conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:

• If they are not ALEP accredited then what is the reason?

What are the legal fees for lease extension conveyancing?

Do you have any advice for leasehold conveyancing in Jarrow with the aim of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Jarrow can be bypassed where you appoint lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the buyers representatives.
• The majority landlords or managing agents in Jarrow levy fees for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Jarrow.

If you have had conflict with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You will have to accept that you will have to pay 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 prior to 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 better to present the dispute as over rather than ongoing.

If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share certificate. Organising a duplicate share certificate is often a lengthy formality and slows down many a Jarrow conveyancing deal. If a reissued share certificate is required, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later.

You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check via your solicitors. A purchaser's conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is under 75 years. It is therefore essential at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

All being well we will complete our sale of a £175000 maisonette in Jarrow on Friday in a week. The freeholder has quoted £408 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Jarrow?

Jarrow conveyancing on leasehold maisonettes usually necessitates administration charges invoiced by landlords agents :

• Completing conveyancing due diligence questions
• Where consent is required before sale in Jarrow
• 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 solicitor will have no control over the level of the charges for this information but the average costs for the information for Jarrow leasehold property is £350. For Jarrow 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 supply the information.

Jarrow Leasehold Conveyancing - A selection of Questions you should consider Prior to Purchasing

Are any of leasehold owners in dispute over their service charge payments? The prefered form of lease arrangement is a share of the freehold. In this arrangement the leaseholders enjoy control and although a managing agent is usually retained if it is bigger than a house conversion, the managing agent employed by the leaseholders. Does the lease have onerous restrictions?

Other Topics

Lease Extensions in Jarrow