Frank (my husband) and I may need to let out our Little Bromwich basement flat for a while due to a career opportunity. We used a Little Bromwich conveyancing practice in 2001 but they have closed and we did not think at the time get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your last Little Bromwich conveyancing solicitor is not available you can review your lease to check if you are permitted to let out the apartment. The accepted inference is that if the lease is non-specific, subletting is allowed. There may be a precondition that you are obliged to seek permission from your landlord or some other party before subletting. This means you not allowed to sublet in the absence of prior consent. The consent is not allowed to be unreasonably turned down. If the lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.

I have just appointed agents to market my 2 bed flat in Little Bromwich.Conveyancing is yet to be initiated but I have just received a half-yearly service charge demand – Do I pay up?

The sensible thing to do is pay the service charge 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 unless 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.

My wife and I purchased a leasehold flat in Little Bromwich. Conveyancing and Clydesdale mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Little Bromwich who acted for me is not around.What should I do?

First contact the Land Registry to be sure that this person is indeed the new freeholder. You do not need to incur the fees of a Little Bromwich conveyancing firm to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am employed by a reputable estate agency in Little Bromwich where we have experienced a few leasehold sales put at risk as a result of short leases. I have been given conflicting advice from local Little Bromwich conveyancing solicitors. Please can you clarify whether the vendor of a flat can start the lease extension process for the buyer?

Provided that 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. The benefit of this is that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done 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 buyer.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £475000 maisonette in Little Bromwich in just under a week. The landlords agents has quoted £336 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Little Bromwich?

Little Bromwich conveyancing on leasehold flats usually involves the buyer’s solicitor sending enquiries for the landlord to answer. Although the landlord is not legally bound to respond to such questions the majority will be willing to do so. They may invoice a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average costs for the information that you are referring to is over three hundred pounds, in some cases it is in excess of £800. The management information fee levied by the landlord must be sent together with a synopsis of entitlements and obligations in respect of administration fees, otherwise the charge is technically not due. In reality you have no option but to pay whatever is demanded if you want to sell the property.

Little Bromwich Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing

Its a good idea to find out as much as you can concerning the company managing the building as they will impact your use and enjoyment of the property. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to daily issues such as the tidiness of the communal areas. Don't be afraid to ask other people what they think of their service. Finally, investigate as to the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money. The answer will be helpful as a) areas can cause problems in the block as the common areas may start to deteriorate if maintenance remain unpaid b) if the leasehold owners have a dispute with the running of the building you will wish to know about it The prefered form of lease arrangement is a share of the freehold. In this scenario the leaseholders have being in charge if their destiny and notwithstanding that a managing agent is usually retained where the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves.

Other Topics

Lease Extensions in Little Bromwich