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

Some leases for properties in Harold Hill do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience suggests 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.

Looking forward to complete next month on a basement flat in Harold Hill. Conveyancing solicitors assured me that they are sending me a report on Monday. What should I be looking out for?

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

• The total extent of the property. This will be the flat itself but could also include a roof space or basement if applicable.
• Are pets allowed in the flat?
• Whether the lease restricts you from subletting the property, or having a home office for business
• Whether your lease has a provision for a reserve fund?
• The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
• What the implications are if you breach a clause of your lease?

I am employed by a busy estate agent office in Harold Hill where we see a number of flat sales derailed due to leases having less than 80 years remaining. I have received contradictory information from local Harold Hill conveyancing firms. Could you shed some light as to whether the vendor of a flat can start the lease extension process for the purchaser on completion of the sale?

As long as 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. The benefit of this is that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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.

What advice can you give us when it comes to choosing a Harold Hill conveyancing practice to deal with our lease extension?

If you are instructing a property lawyer for lease extension works (regardless if they are a Harold Hill conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Harold Hill conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

• How familiar is the practice with lease extension legislation?
• If the firm is not ALEP accredited then what is the reason?

Do you have any advice for leasehold conveyancing in Harold Hill from the perspective of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Harold Hill can be avoided if you get in touch lawyers the minute your agents start advertising the property and ask them to put together the leasehold information which will be required by the purchasers’ conveyancers.
• The majority freeholders or Management Companies in Harold Hill levy fees for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Harold Hill.
• If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you installed wooden flooring? Harold Hill leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord consenting to such alterations. If you dont have the approvals to hand do not communicate with the landlord without contacting your solicitor in the first instance.
• A minority of Harold Hill leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly 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 solicitors.
• You believe that you know the number of years left on your lease but it would be advisable verify this via your solicitors. A purchaser's lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is less than 75 years. It is therefore important at an as soon as possible 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.

I have attempted and failed to negotiate with my landlord to extend my lease without getting anywhere. Can one make an application to the Leasehold Valuation Tribunal? Can you recommend a Harold Hill conveyancing firm to assist?

Most certainly. We can put you in touch with a Harold Hill conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Harold Hill property 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 affected 1 flat. The the number of years remaining on the existing lease(s) was 57.5 years.

Leasehold Conveyancing in Harold Hill - Sample of Questions you should consider Prior to buying

It would be wise to discover as much as possible about the managing agents as they can either make your living at the property much simpler or much more difficult. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to day to day matters such as the cleanliness of the communal areas. Ask other people if they are happy with them. Finally, be sure you discover the dates that the service charges are due to the appropriate party and precisely how they are spending the funds. The majority of Harold Hill leasehold flats will have a service charge for maintenance of the building invoiced by the management company. Where you buy the property you will have to meet this liability, normally periodically during the year. This can be anything from a few hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all probability there will be a rentcharge for you to pay yearly, normally this is not a exorbitant figure, say around £50-£100 but you should to check it because sometimes it could be many hundreds of pounds. How much is the service charge and ground rent on the apartment?