Fixed-fee leasehold conveyancing in Longlands:

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Longlands leasehold conveyancing: Q and A’s

My wife and I may need to let out our Longlands garden flat for a while due to taking a sabbatical. We used a Longlands conveyancing firm in 2002 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

Your lease dictates relations between the landlord and you the flat owner; in particular, it will say if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in Longlands do not contain an absolute prevention of subletting – such a clause would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

I have just appointed agents to market my garden flat in Longlands.Conveyancing is yet to be initiated but I have just received a quarterly maintenance charge invoice – what should I do?

Your conveyancing lawyer is likely to suggest that you should pay the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

Do you have any advice for leasehold conveyancing in Longlands from the perspective of saving time on the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Longlands can be avoided if you get in touch lawyers as soon as your agents start advertising the property and ask them to collate the leasehold information needed by the purchasers’ solicitors.
  • The majority freeholders or Management Companies in Longlands levy fees for supplying management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Longlands.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Longlands leases often stipulate that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord acquiescing to such changes. Where you fail to have the paperwork to hand do not contact the landlord without checking with your conveyancer in advance.
  • Some Longlands leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If you hold a share in a the freehold, you should make sure that you are holding the original share document. Organising a duplicate share certificate can be a time consuming formality and slows down many a Longlands conveyancing transaction. Where a duplicate share certificate is required, you should approach the company director and secretary or managing agents (if applicable) for this as soon as possible.

    • Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £425000 apartment in Longlands next Friday . The freeholder has quoted £348 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Longlands?

    Longlands conveyancing on leasehold flats usually necessitates the purchaser’s lawyer sending enquiries for the landlord to answer. Although the landlord is under no legal obligation to answer such questions most will be content to assist. They may levy a reasonable charge for answering questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some cases it is above £800. The administration charge levied by the landlord must be sent together with a summary of entitlements and obligations in respect of administration charges, without which the invoice is technically not due. In reality you have no option but to pay whatever is demanded if you want to sell the property.

    I am the proprietor of a ground floor flat in Longlands. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the premium due for a lease extension?

    You certainly can. We are happy to put you in touch with a Longlands conveyancing firm who can help.

    An example of a Lease Extension decision for a Longlands property is 103a Footscray Road in January 2014. The tribunal determines that the premium payable for the extended lease should be £34,500 according to the expert witness valuation calculation This case related to 1 flat.

    When it comes to leasehold conveyancing in Longlands what are the most common lease defects?

    Leasehold conveyancing in Longlands is not unique. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain sections are missing. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain elements of the property
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You could have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, The Mortgage Works, and Britannia all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the purchaser to withdraw.