I want to sublet my leasehold flat in Wallington. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Some leases for properties in Wallington do contain a provision to say that subletting is only permitted with prior consent from the landlord. 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 consent.

I today plan to offer on a house that appears to meet my requirements, at a reasonable price which is making it all the more appealing. I have since been informed that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Wallington. Conveyancing solicitors have are soon to be instructed. Will they explain the issues?

Most houses in Wallington are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. it is apparent that you are buying in Wallington so you should seriously consider looking for a Wallington conveyancing solicitor and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the estate where the house is located on an estate. Your solicitor should report to you on the legal implications.

I am tempted by the attractive purchase price for a two apartments in Wallington which have in the region of fifty years left on the leases. Will this present a problem?

A lease is a legal document that entitles you to use the premises for a prescribed time frame. As the lease gets shorter the value of the lease decreases and it becomes more costly to extend the lease. For this reason it is generally wise to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease as mortgage lenders may be unwilling to lend money on properties of this type. Lease extension can be a difficult process. We recommend you seek professional help from a solicitor and surveyor with experience in this area

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

• A significant proportion of the frustration in leasehold conveyancing in Wallington can be reduced if you get in touch lawyers the minute your agents start marketing the property and ask them to collate the leasehold information which will be required by the buyers solicitors.
• The majority freeholders or Management Companies in Wallington levy fees for supplying management packs for a leasehold premises. You or your lawyers should enquire as to 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 receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Wallington.

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 Wallington state that internal structural alterations or addition of wooden flooring require a licence from the Landlord acquiescing to such alterations. Where you fail to have the approvals to hand you should not contact the landlord without checking with your lawyer first.

If you have the benefit of shareholding in the freehold, you should make sure that you are holding the original share certificate. Obtaining a new share certificate can be a time consuming formality and delays many a Wallington conveyancing transaction. Where a reissued share certificate is required, you should approach the company officers or managing agents (if relevant) 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 verify this by asking your lawyers. A buyer’s lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is less than 75 years. It is therefore important at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

We expect to complete our sale of a £325000 garden flat in Wallington in 8 days. The managing agents has quoted £300 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Wallington?

Wallington conveyancing on leasehold maisonettes typically necessitates administration charges invoiced by managing agents :

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

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

My wife and I have hit a brick wall in trying to purchase the freehold in Wallington. Can the Leasehold Valuation Tribunal adjudicate on premiums?

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

An example of a Freehold Enfranchisement case for a Wallington residence is 21 & 23 Carshalton Grove in May 2009. the Tribunal adopted the figures presented as the premiums payable by the Applicant i.e. a total of £20,750. This case was in relation to 2 flats. The the unexpired residue of the current lease was 72 years.

Other Topics

Lease Extensions in Wallington