I am intending to let out my leasehold apartment in Fortis Green. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

A small minority of properties in Fortis Green do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I am looking at a couple of maisonettes in Fortis Green both have approximately 50 years left on the lease term. Will this present a problem?

A lease is a right to use the premises for a prescribed time frame. As a lease gets shorter the value of the lease reduces and it becomes more costly to acquire a lease extension. For this reason it is advisable to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease as mortgage lenders may be reluctant to lend money on such properties. Lease extension can be a protracted process. We advise that you seek professional help from a conveyancer and surveyor with experience in this arena

What are your top tips when it comes to finding a Fortis Green conveyancing practice to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Fortis Green conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with two or three firms including non Fortis Green conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• How familiar is the practice with lease extension legislation?
• How many lease extensions has the firm conducted in Fortis Green in the last twenty four months?

Can you provide any top tips for leasehold conveyancing in Fortis Green from the point of view of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Fortis Green can be avoided if you appoint lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the buyers lawyers.
• The majority landlords or Management Companies in Fortis Green charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. 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 frequent reason for frustration in leasehold conveyancing in Fortis Green.
• In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Fortis Green leases often stipulate that internal structural changes or addition of wooden flooring require a licence from the Landlord acquiescing to such changes. If you fail to have the paperwork in place do not communicate with the landlord without checking with your solicitor before hand.
• If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share document. Obtaining a replacement share certificate is often a time consuming process and slows down many a Fortis Green home move. Where a new share is necessary, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.
• You believe that you know the number of years remaining on your lease but it would be wise to verify this by asking your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to where the lease term is less than 80 years. In the circumstances it is essential at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £ 400000 garden flat in Fortis Green on Friday in a week. The management company has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Fortis Green?

Fortis Green conveyancing on leasehold flats often necessitates the buyer’s lawyer sending enquiries for the landlord to address. Although the landlord is under no legal obligation to respond to such questions most will be content to do so. They may invoice a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some situations it is in excess of £800. The management information fee levied by the landlord must be accompanied by a summary of rights and obligations in respect of administration charges, without which the invoice is not strictly payable. Reality however dictates that one has no choice but to pay whatever is requested of you if you want to sell the property.

I have given up trying to purchase the freehold in Fortis Green. Can this matter be resolved via the Leasehold Valuation Tribunal?

in cases where there is a missing landlord or where there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to judgment on the price payable.

An example of a Lease Extension matter before the tribunal for a Fortis Green residence is 21 St Matthews Court Coppetts Road in February 2013. the applicant applied to the Tribunal for a determination of the premium payable for a lease extension pursuant to Section 48 of the Leasehold Reform (Housing and Urban Development ) Act 1993. The tribunal therefore ordered that the premium was to be £13,267. This case related to 1 flat. The the unexpired term as at the valuation date was 68 years.

I acquired a 1st floor flat in Fortis Green, conveyancing formalities finalised half a dozen years ago. Can you work out an approximate cost of a lease extension? Similar properties in Fortis Green with an extended lease are worth £178,000. The average or mid-range amount of ground rent is £65 charged once a year. The lease comes to an end on 21st October 2091

You have 65 years left to run we estimate the premium for your lease extension to range between £15,200 and £17,600 as well as professional fees.

The suggested premium range above a general guide to costs for renewing a lease, but we are not able to supply a more accurate figure in the absence of detailed due diligence. Do not use the figures in tribunal or court proceedings. There may be additional issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action based on this information without first seeking the advice of a professional.