Harry (my fiance) and I may need to let out our Kemp Town 1st floor flat temporarily due to taking a sabbatical. We instructed a Kemp Town conveyancing practice in 2003 but they have closed and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?

A small minority of properties in Kemp Town do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to 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.

I am attracted to a couple of maisonettes in Kemp Town both have in the region of forty five years remaining on the lease term. Do I need to be concerned?

A lease is a right to use the property for a prescribed time frame. As the lease gets shorter the saleability of the lease reduces and it becomes more costly to extend the lease. This is why it is generally wise to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a difficult process. We recommend you get professional assistance from a solicitor and surveyor with experience in this area

I am employed by a long established estate agent office in Kemp Town where we have witnessed a few leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have received conflicting advice from local Kemp Town conveyancing firms. Could you confirm whether the owner of a flat can initiate the lease extension process for the purchaser on completion of the sale?

As long as 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 buyer 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 has to be done prior to, or simultaneously with completion of the sale.

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 buyer.

What are your top tips when it comes to finding a Kemp Town conveyancing firm to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Kemp Town conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Kemp Town conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

• How experienced is the practice with lease extension legislation?

What are the legal fees for lease extension work?

We expect to complete our sale of a £275000 flat in Kemp Town next Friday . The managing agents has quoted £396 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in Kemp Town?

Kemp Town conveyancing on leasehold apartments nine out of ten times necessitates administration charges levied by landlords agents :

• Addressing pre-contract enquiries
• Where consent is required before sale in Kemp Town
• Supplying insurance information
• 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 Kemp Town leasehold property is £350. For Kemp Town 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.

Kemp Town Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

The best form of lease structure is a share of the freehold. In this arrangement the tenants have control and although a managing agent is often employed if the building is larger than a house conversion, the managing agent acts for the leaseholders themselves. Is the freehold reversion owned collectively by the tenants? It would be sensible to discover if there are any onerous prohibitions in the lease. For example it is very common in Kemp Town leases that pets are not allowed in in a block in Kemp Town. If you love the propertyin Kemp Town however your dog can’t move with you then you have a very difficult decision.

Other Topics

Lease Extensions in Kemp Town