Helen (my wife) and I may need to sub-let our Mitcham 1st floor flat for a while due to taking a sabbatical. We instructed a Mitcham conveyancing practice in 2003 but they have since shut and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your previous Mitcham conveyancing solicitor is not available you can review your lease to see if it allows you to sublet the apartment. The accepted inference is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you must obtain permission via your landlord or other appropriate person before subletting. The net result is that you cannot sublet without prior consent. Such consent must not not be unreasonably refused ore delayed. If your lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.

My wife and I purchased a leasehold flat in Mitcham. Conveyancing and Leeds Building Society mortgage organised. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1996. The conveyancing practitioner in Mitcham who previously acted has now retired.Do I pay?

The first thing you should do is contact the Land Registry to make sure that this person is indeed the new freeholder. You do not need to instruct a Mitcham conveyancing solicitor to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Last month I purchased a leasehold property in Mitcham. Am I liable to pay service charges for periods before my ownership?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

What are your top tips when it comes to choosing a Mitcham conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Mitcham conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you speak with two or three firms including non Mitcham conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

• What volume of lease extensions have they carried out in Mitcham in the last twenty four months?
• What are the charges for lease extension work?

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

• A significant proportion of the delay in leasehold conveyancing in Mitcham can be reduced where you appoint lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the buyers lawyers.
• If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Mitcham leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord acquiescing to such works. Where you dont have the approvals in place you should not communicate with the landlord without contacting your conveyancer in the first instance.
• If you have had conflict with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be concerned about purchasing a flat where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to reveal the dispute as over rather than unresolved.
• If you hold a share in a the freehold, you should make sure that you hold the original share certificate. Obtaining a duplicate share certificate is often a time consuming process and slows down many a Mitcham conveyancing transaction. Where a new share certificate is necessary, do contact the company officers or managing agents (where applicable) for this at the earliest opportunity.
• You may think that you are aware of the number of years left on your lease but you should double-check via your lawyers. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is below 80 years. In the circumstances it is essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

I have attempted and failed to negotiate with my landlord to extend my lease without getting anywhere. Can a leaseholder apply to the Leasehold Valuation Tribunal? Can you recommend a Mitcham conveyancing firm to act on my behalf?

Where there is a missing landlord or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to determine the premium.

An example of a Freehold Enfranchisement decision for a Mitcham flat is 50 & 52 Southcroft Road in September 2013. The tribunals own valuation determined that the premium payable should be £29,000 This case was in relation to 2 flats. The the number of years remaining on the existing lease(s) was 86.11 and 60.64.

I own a 2 bed flat in Mitcham, conveyancing having been completed in 1995. Can you work out an approximate cost of a lease extension? Similar properties in Mitcham with a long lease are worth £258,000. The average or mid-range amount of ground rent is £55 levied per year. The lease expires on 21st October 2103

With 77 years remaining on your lease we estimate the premium for your lease extension to be between £9,500 and £11,000 plus legals.

The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to provide a more accurate figure without more comprehensive due diligence. You should not use this information in tribunal or court proceedings. There are no doubt additional concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. You should not take any other action based on this information before getting professional advice.