I would like to sublet my leasehold flat in Honor Oak. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

A lease dictates relations between the freeholder and you the leaseholder; in particular, it will indicate if subletting is not allowed, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Honor Oak do not contain subletting altogether – such a provision would adversely affect the market value the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

I am hoping to sign contracts shortly on a garden flat in Honor Oak. Conveyancing lawyers assured me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Honor Oak should include some of the following:

• You should be sent a copy of the lease

Do you need to have carpet in the flat or are you allowed wood flooring?

Are you allowed to have a pet in the flat?

Ground rent - how much and when you need to pay, and also know whether this is subject to change

I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required

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.

Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Honor Oak please enquire of your conveyancer in advance of your conveyancing in Honor Oak

My wife and I purchased a leasehold house in Honor Oak. Conveyancing and Clydesdale mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1997. The conveyancing solicitor in Honor Oak who acted for me is not around.Any advice?

First contact HMLR to be sure that this person is in fact the registered owner of the freehold reversion. You do not need to instruct a Honor Oak conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

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

• A significant proportion of the frustration in leasehold conveyancing in Honor Oak can be avoided if you appoint lawyers the minute you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ conveyancers.
• If you have carried out any alterations to the premises would they have required Landlord’s consent? In particular have you laid down wooden flooring? Honor Oak leases often stipulate that internal structural changes or installing wooden flooring calls for a licence from the Landlord acquiescing to such changes. If you fail to have the paperwork to hand you should not communicate with the landlord without contacting your lawyer first.

A minority of Honor Oak leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet 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 solicitors.

If you are supposed to have a share in the Management Company, you should ensure that you have the original share document. Organising a replacement share certificate can be a lengthy process and slows down many a Honor Oak conveyancing transaction. If a duplicate share certificate is necessary, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

You may think that you are aware of the number of years left on your lease but it would be advisable double-check via your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to where the remaining number of years is under 80 years. It is therefore important at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

We expect to complete the sale of our £200000 maisonette in Honor Oak next Wednesday . The freeholder has quoted £312 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Honor Oak?

For the majority of leasehold sales in Honor Oak conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering pre-contract enquiries
• Where consent is required before sale in Honor Oak
• Supplying insurance information
• 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 Honor Oak leasehold property is £350. For Honor Oak 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 obliged to provide answers.

Having spent months of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in Honor Oak. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

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

An example of a Lease Extension case for a Honor Oak residence is Flat 1 40-42 Ewelme Road in August 2012. the Tribunal assessed the premium for the lease extension in the sum of £11,800 This case affected 1 flat. The the number of years remaining on the existing lease(s) was 61.81 years.

Other Topics

Lease Extensions in Honor Oak