My partner and I may need to let out our Snaresbrook ground floor flat for a while due to a new job. We instructed a Snaresbrook conveyancing practice in 2003 but they have closed and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

Your lease governs the relationship between the landlord and you the leaseholder; specifically, it will indicate if subletting is banned, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Snaresbrook do not contain an absolute prevention of subletting – such a clause would adversely affect the market value the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

I have recently realised that I have 72 years left on my flat in Snaresbrook. I need to get lease extension but my landlord is missing. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to locate the landlord. For most situations an enquiry agent should be helpful to carry out a search and prepare an expert document which can be used as evidence that the landlord can not be located. It is advisable to get professional help from a conveyancer both on investigating the landlord’s disappearance and the application to the County Court overseeing Snaresbrook.

Back In 2008, I bought a leasehold flat in Snaresbrook. Conveyancing and Leeds Building Society mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing solicitor in Snaresbrook who previously acted has now retired.What should I do?

First make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. There is no need to instruct a Snaresbrook conveyancing solicitor to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the legitimate landlord, 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 Snaresbrook from the perspective of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Snaresbrook can be avoided if you instruct lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information which will be required by the buyers representatives.
• The majority landlords or managing agents in Snaresbrook charge for providing management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management pack sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Snaresbrook.

In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Snaresbrook state that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord approving such alterations. Should you fail to have the approvals in place do not contact the landlord without contacting your lawyer in advance.

If there is a history of any disputes with your freeholder or managing agents it is very important that these are resolved prior to the flat being marketed. The buyers and their solicitors will be warry about purchasing a property where a dispute is unresolved. 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 ahead of 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 clearly preferable to present the dispute as historic as opposed to unsettled.

You believe that you know the number of years left on your lease but it would be advisable double-check via your solicitors. A buyer’s lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is under 75 years. In the circumstances it is essential at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

All being well we will complete the disposal of our £500000 flat in Snaresbrook in just under a week. The freeholder has quoted £420 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Snaresbrook?

Snaresbrook conveyancing on leasehold apartments usually necessitates fees being raised by managing agents :

• Addressing conveyancing due diligence enquiries
• Where consent is required before sale in Snaresbrook
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Snaresbrook leasehold property is £350. For Snaresbrook 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 required to provide the information.

Following months of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Snaresbrook. Can we issue an application to the Residential Property Tribunal Service?

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

An example of a Freehold Enfranchisement case for a Snaresbrook residence is 36 New Wanstead in August 2010. The Tribunal arrived at a valuation of the premium for the freehold of £22,359. This case related to 2 flats. The unexpired lease term was 73.92 years.

Other Topics

Lease Extensions in Snaresbrook