I am intending to rent out my leasehold apartment in Goodmayes. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

A lease dictates relations between the freeholder and you the flat owner; in particular, it will indicate if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Goodmayes do not prevent strict prohibition on subletting – such a provision would adversely affect the market value the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

I have recently realised that I have 68 years remaining on my lease in Goodmayes. I now want to get lease extension but my landlord is can not be found. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to prove that you or your lawyers have made all reasonable attempts to track down the freeholder. In some cases an enquiry agent may be helpful to try and locate and prepare a report to be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to proving the landlord’s absence and the application to the County Court overseeing Goodmayes.

Planning to sign contracts shortly on a studio apartment in Goodmayes. Conveyancing lawyers assured me that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Goodmayes should include some of the following:

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
• The physical extent of the premises. This will be the flat itself but could also incorporate a loft or basement if appropriate.
• Defining your legal entitlements in respect of common areas in the building.By way of example, does the lease permit a right of way over a path or hallways?
• Does the lease require carpeting throughout thus preventing wood flooring?
• Whether your lease has a provision for a sinking fund?
• Responsibility for repairing the window frames

I today plan to offer on a house that seems to be perfect, at a great price which is making it more attractive. I have just discovered that it's a leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Goodmayes. Conveyancing lawyers have are about to be appointed. Will they explain the issues?

The majority of houses in Goodmayes are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Goodmayes in which case you should be looking for a Goodmayes conveyancing practitioner and check that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’sconsent to conduct changes to the property. You may also be required to pay a contribution towards the maintenance of the communal areas where the property is located on an estate. Your solicitor should appraise you on the various issues.

I work for a busy estate agent office in Goodmayes where we have experienced a number of leasehold sales put at risk due to short leases. I have received inconsistent advice from local Goodmayes conveyancing firms. Can you shed some light as to whether the seller of a flat can commence the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

An alternative approach is 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 purchaser.

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

Absolutely. We can put you in touch with a Goodmayes conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Goodmayes premises is 49 Aldborough Road South in July 2012. The Tribunal decided that the premium payable for the grant of the new lease was £13,925 This case affected 1 flat. The unexpired lease term was 61.36 years.

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

What prohibitions exist in the Goodmayes Lease?