I wish to rent out my leasehold flat in De Beauvoir Town. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Notwithstanding that your previous De Beauvoir Town conveyancing lawyer is not available you can check your lease to check if you are permitted to let out the property. The rule is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain permission from your landlord or some other party prior to subletting. The net result is that you cannot sublet in the absence of prior consent. The consent is not allowed to be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.

Estate agents have just been given the go-ahead to market my 2 bed flat in De Beauvoir Town.Conveyancing is yet to be initiated but I have just received a yearly maintenance charge invoice – Do I pay up?

It best that you 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. This will smooth the conveyancing process.

What are your top tips when it comes to appointing a De Beauvoir Town conveyancing firm to deal with our lease extension?

When appointing a property lawyer for lease extension works (regardless if they are a De Beauvoir Town conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non De Beauvoir Town conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• How familiar is the firm with lease extension legislation?

Can they put you in touch with client in De Beauvoir Town who can give a testimonial?

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

• Much of the delay in leasehold conveyancing in De Beauvoir Town can be avoided where you appoint lawyers as soon as you market your property and ask them to collate the leasehold information needed by the purchasers’ representatives.
• If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in De Beauvoir Town state that internal structural changes or addition of wooden flooring calls for a licence from the Landlord acquiescing to such alterations. Should you dont have the paperwork to hand do not contact the landlord without contacting your solicitor first.

Some De Beauvoir Town leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.

If you have had any disputes with your landlord or managing agents it is essential that these are settled before the property is marketed. The purchasers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of 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 reveal the dispute as historic rather than unsettled.

If you are supposed to have a share in the freehold, you should ensure that you have the original share certificate. Organising a replacement share certificate can be a lengthy formality and slows down many a De Beauvoir Town conveyancing transaction. Where a new share is needed, do contact the company director and secretary or managing agents (if applicable) for this as soon as possible.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £500000 apartment in De Beauvoir Town next Tuesday . The managing agents has quoted £300 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in De Beauvoir Town?

De Beauvoir Town conveyancing on leasehold maisonettes ordinarily involves fees being invoiced by management companies :

• Answering pre-exchange questions
• Where consent is required before sale in De Beauvoir Town
• 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 De Beauvoir Town leasehold property is £350. For De Beauvoir 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 required to provide answers.

I have had difficulty in seeking a lease extension in De Beauvoir Town. Can the Leasehold Valuation Tribunal adjudicate on premiums?

Where there is a missing landlord or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to calculate the premium.

An example of a Lease Extension decision for a De Beauvoir Town premises is 5C Stoke Newington Road in April 2010. the Tribunal therefore concludes that the premium to be paid for the extended lease is £700.00 This case related to 1 flat. The the unexpired term as at the valuation date was 80.5 years.

Other Topics

Lease Extensions in De Beauvoir Town