My fiance and I may need to rent out our Upper Clapton basement flat for a while due to a career opportunity. We used a Upper Clapton conveyancing firm in 2001 but they have since shut and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Some leases for properties in Upper Clapton do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold 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've found a house that seems to meet my requirements, at a reasonable figure which is making it all the more appealing. I have subsequently found out that it's a leasehold rather than freehold. I would have thought that there are issues buying a house with a leasehold title in Upper Clapton. Conveyancing solicitors have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Upper Clapton ?

Most houses in Upper Clapton are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are purchasing in Upper Clapton in which case you should be shopping around for a Upper Clapton conveyancing practitioner and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’spermission to carry out changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the property is located on an estate. Your solicitor should advise you fully on all the issues.

Can you offer any advice when it comes to appointing a Upper Clapton conveyancing practice to carry out our lease extension conveyancing?

When appointing a conveyancer for lease extension works (regardless if they are a Upper Clapton conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Upper Clapton conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• If they are not ALEP accredited then why not?
• What are the legal fees for lease extension conveyancing?

Can you provide any advice for leasehold conveyancing in Upper Clapton from the point of view of expediting the sale process?

• Much of the delay in leasehold conveyancing in Upper Clapton can be avoided where you get in touch lawyers as soon as you market your property and request that they start to collate the leasehold information needed by the buyers solicitors.
• The majority landlords or Management Companies in Upper Clapton charge for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management pack sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Upper Clapton.
• If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Upper Clapton state that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord consenting to such works. Should you dont have the consents in place you should not communicate with the landlord without contacting your lawyer in advance.
• If you have the benefit of shareholding in the Management Company, you should make sure that you hold the original share document. Organising a replacement share certificate can be a lengthy formality and frustrates many a Upper Clapton 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.
• You believe that you know the number of years left on your lease but you should double-check via your solicitors. A purchaser's lawyer will not be happy to advise their client to where the remaining number of years is below 80 years. It is therefore essential at an as soon as possible 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 tried to negotiate informally with with my landlord to extend my lease without any joy. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Upper Clapton conveyancing firm to help?

Where there is a absentee landlord or where there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to arrive at the price payable.

An example of a Lease Extension matter before the tribunal for a Upper Clapton residence is Flat 25, Stamford Hill Mansions Stamford Hill in April 2010. The Tribunal therefore determined that the premium to be paid by the lessee to the freeholder for the extension of the lease should be £28,984.00 This case was in relation to 1 flat. The unexpired lease term was 59 years.

What makes a Upper Clapton lease unmortgageable?

Leasehold conveyancing in Upper Clapton is not unique. Most leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain clauses are wrong. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the building
• A duty to insure the building
• 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 primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Leeds Building Society, and Britannia all have express requirements 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 pull out.

I own a studio flat in Upper Clapton, conveyancing formalities finalised 2002. How much will my lease extension cost? Equivalent properties in Upper Clapton with an extended lease are worth £234,000. The ground rent is £65 invoiced annually. The lease terminates on 21st October 2093

With only 67 years remaining on your lease we estimate the price of your lease extension to span between £12,400 and £14,200 plus professional fees.

The figure that we have given is a general guide to costs for renewing a lease, but we are not able to supply the actual costs without more comprehensive investigations. You should not use the figures in tribunal or court proceedings. There may be other issues that need to be considered and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action based on this information before seeking the advice of a professional.