I wish to sublet my leasehold flat in Collier Row. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

A lease governs relations between the freeholder and you the flat owner; in particular, it will indicate if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Collier Row do not prevent subletting altogether – such a clause would adversely affect the market value the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

Having checked my lease I have discovered that there are only 72 years left on my flat in Collier Row. I now wish to get lease extension but my freeholder is absent. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to locate the freeholder. On the whole an enquiry agent may be helpful to carry out a search and prepare an expert document which can be used as proof that the landlord can not be located. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s absence and the application to the County Court covering Collier Row.

I have just started marketing my ground floor apartment in Collier Row.Conveyancing lawyers have not yet been instructed but I have just received a quarterly service charge invoice – what should I do?

Your conveyancing lawyer is likely to suggest that you should discharge 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. This will smooth the conveyancing process.

Can you offer any advice when it comes to finding a Collier Row conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Collier Row conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Collier Row conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• How experienced is the firm with lease extension legislation?
• Can they put you in touch with client in Collier Row who can give a testimonial?

Do you have any advice for leasehold conveyancing in Collier Row from the point of view of expediting the sale process?

• Much of the delay in leasehold conveyancing in Collier Row can be reduced where you get in touch lawyers the minute your agents start marketing the property and request that they start to put together the leasehold documentation needed by the buyers solicitors.
• Many landlords or Management Companies in Collier Row levy fees for supplying management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Collier Row.
• In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Collier Row leases often stipulate that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord approving such alterations. Where you fail to have the paperwork in place you should not contact the landlord without checking with your conveyancer first.
• A minority of Collier Row leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their solicitors.
• 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 buyer’s conveyancer will be unlikely to recommend their client to where the lease term is under 75 years. It is therefore essential at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

I have given up negotiating a lease extension in Collier Row. Can this matter be resolved via the Leasehold Valuation Tribunal?

Where there is a missing landlord or if there is disagreement about what the lease extension should cost, under the relevant legislation you can apply to the LVT to calculate the amount due.

An example of a Lease Extension case for a Collier Row flat is 37 Lodge Court High Street in November 2013. the decision of the LVT was that the premium to be paid for the new lease was £25,559 This case related to 1 flat. The unexpired term was 57.5 years.

Leasehold Conveyancing in Collier Row - Examples of Questions you should consider Prior to buying

In the main the outlay for major works are not wrapped into the service charges, albeit that there some managing agents in Collier Row require leasehold owners to pay into a reserve fund and this is used to offset against major works. Are there any major works on the horizon that will likely add a premium to the maintenance costs?