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

Even though your previous Forest Gate conveyancing lawyer 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 deeds are silent, subletting is permitted. There may be a precondition that you need to obtain consent via your landlord or some other party in advance of subletting. This means that you cannot sublet without first obtaining permission. Such consent is not allowed to be unreasonably turned down. If your lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.

I am tempted by the attractive purchase price for a couple of maisonettes in Forest Gate both have approximately forty five years remaining on the lease term. Will this present a problem?

There are plenty of short leases in Forest Gate. The lease is a right to use the property for a period of time. As the lease gets shorter the value of the lease decreases and results in it becoming more expensive to extend the lease. For this reason it is generally wise to extend the lease term. Sometimes it is difficult to sell a property 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 seek professional help from a solicitor and surveyor with experience in this area

I am a negotiator for a reputable estate agency in Forest Gate where we see a few flat sales put at risk as a result of short leases. I have received conflicting advice from local Forest Gate conveyancing solicitors. Can you clarify whether the vendor of a flat can start the lease extension formalities for the buyer?

Provided that 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. This means that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible 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.

If all goes to plan we aim to complete the sale of our £ 475000 garden flat in Forest Gate in 10 days. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Forest Gate?

Forest Gate conveyancing on leasehold maisonettes normally necessitates the buyer’s solicitor sending enquiries for the landlord to address. Although the landlord is under no legal obligation to answer these enquiries the majority will be willing to do so. They are at liberty invoice a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is £350, in some transactions it is above £800. The management information fee required by the landlord must be sent together with a summary of rights and obligations in relation to administration charges, without which the charge is technically not due. In reality one has no choice but to pay whatever is requested of you should you wish to exchange contracts with the buyer.

My wife and I have hit a brick wall in trying to purchase the freehold in Forest Gate. Can this matter be resolved via the Leasehold Valuation Tribunal?

Absolutely. We are happy to put you in touch with a Forest Gate conveyancing firm who can help.

An example of a Freehold Enfranchisement case for a Forest Gate flat is 52 & 54 Green Street in February 2010. Following a vesting order by the County Court the Tribunal decided that the price that the Applicant for the freehold interest should pay is £20,543 This case related to 2 flats. The the unexpired term as at the valuation date was 78 and 80.

What makes a Forest Gate lease problematic?

There is nothing unique about leasehold conveyancing in Forest Gate. All leases is drafted differently and drafting errors can sometimes mean that certain provisions are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the premises
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You will encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, The Mortgage Works, and TSB all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the buyer to withdraw.

I am the registered owner of a basement flat in Forest Gate, conveyancing having been completed in 1997. Can you let me have an estimated range of the fair premium for a lease extension? Equivalent properties in Forest Gate with an extended lease are worth £171,000. The ground rent is £55 per annum. The lease comes to an end on 21st October 2087

With 61 years unexpired the likely cost is going to be between £20,000 and £23,000 as well as legals.

The figure above a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of comprehensive investigations. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. You should not move forward placing reliance on this information without first seeking the advice of a professional.