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

Notwithstanding that your last Bromley conveyancing lawyer is no longer around you can check your lease to see if you are permitted to let out the premises. The rule is that if the lease is non-specific, subletting is permitted. There may be a precondition that you need to obtain consent from your landlord or other appropriate person prior to subletting. This means you not allowed to sublet without prior permission. The consent must not not be unreasonably turned down. If your lease does not allow you to sublet you will need to ask your landlord for their consent.

I have just started marketing my 2 bed flat in Bromley.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly service charge demand – Do I pay up?

The sensible thing to do is clear 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 managing agents 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. Having a clear account will assist your cause and will leave you no worse off financially.

I today plan to offer on a house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have since been informed that it's a leasehold as opposed to freehold. I am assuming that there are issues purchasing a leasehold house in Bromley. Conveyancing solicitors have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Bromley ?

Most houses in Bromley are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are buying in Bromley so you should seriously consider looking for a Bromley conveyancing solicitor and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example obtaining the landlord’spermission to carry out alterations. It may be necessary to pay a service charge towards the upkeep of the communal areas where the property is part of an estate. Your lawyer should advise you fully on all the issues.

Do you have any top tips for leasehold conveyancing in Bromley with the aim of speeding up the sale process?

• A significant proportion of the delay in leasehold conveyancing in Bromley can be bypassed where you get in touch lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation needed by the purchasers’ representatives.
• The majority landlords or managing agents in Bromley levy fees for providing management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Bromley.
• If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Bromley state that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord acquiescing to such alterations. If you fail to have the paperwork to hand you should not contact the landlord without contacting your solicitor in the first instance.
• If there is a history of conflict with your landlord or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be warry about purchasing a property where a dispute is ongoing. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. 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 purchasers, but it is better to present the dispute as over rather than ongoing.
• If you are supposed to have a share in the freehold, you should ensure that you have the original share document. Obtaining a new share certificate can be a time consuming process and delays many a Bromley conveyancing transaction. If a reissued share is needed, you should approach the company director and secretary or managing agents (where applicable) for this as soon as possible.

Completion in due on the sale of our £ 300000 flat in Bromley in just under a week. The management company has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Bromley?

Bromley conveyancing on leasehold flats usually necessitates administration charges raised by freeholders :

• Completing conveyancing due diligence enquiries
• Where consent is required before sale in Bromley
• 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 conveyancer will have no control over the level of the charges for this information but the average costs for the information for Bromley leasehold premises is £350. For Bromley 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 required to supply answers.

Despite our best efforts, we have been unsuccessful in trying to purchase the freehold in Bromley. Can this matter be resolved via the Leasehold Valuation Tribunal?

Most definitely. We are happy to put you in touch with a Bromley conveyancing firm who can help.

An example of a Freehold Enfranchisement matter before the tribunal for a Bromley property is 26 Rhondda Grove in June 2009. The net price payable by the leaseholders as determined by the Tribunal was £3,015.13. This comprised £11,300 premium for the reversion less £8,284.87 costs as ordered by the County Court.

Bromley Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to buying

The answer will be important as a) areas can result in problems for the building as the common areas may begin to deteriorate if maintenance remain unpaid b) if the tenants have an issue with the managing agents you will wish to know about it In the main the cost for major works tend not to be built into the maintenance charges, albeit that there some managing agents in Bromley obliged tenants to pay into a reserve fund created for the specific intention of building a fund for larger repairs or maintenance.