I would like to rent out my leasehold apartment in West Wickham. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Notwithstanding that your last West Wickham conveyancing lawyer is not available you can check your lease to see if it allows you to sublet the premises. The rule is that if the lease is silent, subletting is permitted. There may be a precondition that you are obliged to obtain permission from your landlord or some other party in advance of subletting. This means you not allowed to sublet in the absence of first obtaining permission. Such consent should not be unreasonably withheld. If your lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.

Planning to complete next month on a studio apartment in West Wickham. Conveyancing solicitors inform me that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in West Wickham should include some of the following:

• You should receive a copy of the lease

The length of the lease term You should be advised as what happens when the lease expires, and informed of the importance of not letting the lease term falling below eighty years

Does the lease require carpeting throughout thus preventing wood flooring?

Ground rent - how much and when you need to pay, and also know whether this will change in the future

An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.

Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice? For a comprehensive list of information to be included in your report on your leasehold property in West Wickham please enquire of your lawyer in advance of your conveyancing in West Wickham

What are your top tips when it comes to appointing a West Wickham conveyancing practice to deal with our lease extension?

When appointing a solicitor for your lease extension (regardless if they are a West Wickham conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non West Wickham conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• How experienced is the practice with lease extension legislation?

Can they put you in touch with client in West Wickham who can give a testimonial?

If all goes to plan we aim to complete the disposal of our £300000 maisonette in West Wickham next Friday . The freeholder has quoted £312 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in West Wickham?

West Wickham conveyancing on leasehold apartments ordinarily involves fees being invoiced by landlords agents :

• Answering conveyancing due diligence questions
• Where consent is required before sale in West Wickham
• Copies of the building insurance and schedule
• 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 West Wickham leasehold property is £350. For West Wickham 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 supply the information.

After years of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in West Wickham. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

Most certainly. We are happy to put you in touch with a West Wickham conveyancing firm who can help.

An example of a Freehold Enfranchisement matter before the tribunal for a West Wickham residence is 26 Manor Road in July 2010. the Tribunal decided that price to be paid for the freehold was £12,420 This case affected 2 flats. The the number of years remaining on the existing lease(s) was 76.75 and 88.83.

In relation to leasehold conveyancing in West Wickham what are the most common lease defects?

There is nothing unique about leasehold conveyancing in West Wickham. All leases are individual and legal mistakes in the legal wording can result in certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the property
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You may have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Skipton Building Society, and Alliance & Leicester all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the buyer to pull out.

Other Topics

Lease Extensions in West Wickham