Helen (my wife) and I may need to let out our Old Coulsdon garden flat for a while due to a career opportunity. We used a Old Coulsdon conveyancing practice in 2004 but they have closed and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

Some leases for properties in Old Coulsdon do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience dictates 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 permission.

I only have Fifty years remaining on my lease in Old Coulsdon. I now wish to get lease extension but my landlord is missing. 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 an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have used your best endeavours to track down the lessor. In some cases a specialist should be helpful to carry out a search and prepare a report to be used as proof that the landlord can not be located. It is wise to seek advice from a conveyancer both on proving the landlord’s disappearance and the vesting order request to the County Court covering Old Coulsdon.

What advice can you give us when it comes to finding a Old Coulsdon conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a conveyancer for your lease extension (regardless if they are a Old Coulsdon conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Old Coulsdon conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

• If they are not ALEP accredited then what is the reason?
• How many lease extensions have they carried out in Old Coulsdon in the last year?

Can you provide any top tips for leasehold conveyancing in Old Coulsdon from the perspective of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Old Coulsdon can be bypassed where you appoint lawyers the minute your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the purchasers’ conveyancers.
• Many freeholders or Management Companies in Old Coulsdon levy fees for providing management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Old Coulsdon.
• In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Old Coulsdon state that internal structural changes or addition of wooden flooring require a licence issued by the Landlord consenting to such alterations. Should you dont have the approvals in place do not communicate with the landlord without contacting your conveyancer in the first instance.
• Some Old Coulsdon leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are 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 buyers or their lawyers.
• If you have the benefit of shareholding in the Management Company, you should make sure that you are holding the original share certificate. Obtaining a re-issued share certificate can be a time consuming formality and slows down many a Old Coulsdon home move. If a duplicate share certificate is required, you should approach the company officers or managing agents (where relevant) for this at the earliest opportunity.

After months of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Old Coulsdon. Can we issue an application to the Residential Property Tribunal Service?

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

An example of a Freehold Enfranchisement decision for a Old Coulsdon property is 223 Brighton Road in September 2013. The premium payable for the acquisition freehold of the properties should be £10,934 (Ten thousand,nine hundred and thirty four pounds) This case was in relation to 3 flats. The the number of years remaining on the existing lease(s) was 75 years.

What makes a Old Coulsdon lease unmortgageable?

There is nothing unique about leasehold conveyancing in Old Coulsdon. All leases is drafted differently and legal mistakes in the legal wording can result in certain clauses are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the premises
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You may encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Bank of Scotland, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the purchaser to withdraw.

I own a leasehold flat in Old Coulsdon, conveyancing formalities finalised in 2000. Can you work out an approximate cost of a lease extension? Equivalent properties in Old Coulsdon with over 90 years remaining are worth £192,000. The ground rent is £55 invoiced every year. The lease terminates on 21st October 2100

With only 74 years left to run we estimate the premium for your lease extension to range between £9,500 and £11,000 as well as legals.

The suggested premium range above a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more detailed investigations. You should not use this information in tribunal or court proceedings. There are no doubt other issues that need to be considered and you obviously should be as accurate as possible in your negotiations. You should not move forward based on this information before seeking the advice of a professional.