My wife and I may need to rent out our Westminster garden flat temporarily due to a career opportunity. We instructed a Westminster conveyancing firm in 2003 but they have closed and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?

Notwithstanding that your previous Westminster conveyancing solicitor is not around you can review your lease to check if it allows you to sublet the apartment. The rule is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you must seek permission via your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet without prior permission. The consent is not allowed to be unreasonably withheld. If the lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

I’m about to sell my basement apartment in Westminster.Conveyancing has not commenced but I have just received a half-yearly maintenance charge demand – Do I pay up?

The sensible thing to do is discharge the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I've found a house that appears to be perfect, at a reasonable price which is making it more attractive. I have just discovered that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Westminster. Conveyancing solicitors have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Westminster ?

Most houses in Westminster are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Westminster so you should seriously consider shopping around for a Westminster conveyancing practitioner and be sure that they are used to advising on leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example obtaining the landlord’spermission to conduct alterations. It may be necessary to pay a service charge towards the upkeep of the estate where the house is part of an estate. Your solicitor will appraise you on the various issues.

I am looking at a couple of apartments in Westminster both have approximately fifty years remaining on the lease term. should I be concerned?

There are plenty of short leases in Westminster. The lease is a legal document that entitles you to use the property for a period of time. As the lease gets shorter the value of the lease decreases and results in it becoming more expensive to extend the lease. This is why it is often a good idea to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on properties of this type. Lease enfranchisement can be a difficult process. We advise that you seek professional assistance from a conveyancer and surveyor with experience in this field

We expect to complete the disposal of our £ 200000 flat in Westminster on Tuesday in a week. The management company has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Westminster?

Westminster conveyancing on leasehold apartments usually requires the purchaser’s lawyer submitting enquiries for the landlord to answer. Although the landlord is not legally bound to address such questions most will be content to do so. They are entitled invoice a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some situations it is in excess of £800. The administration charge required by the landlord must be sent together with a summary of entitlements and obligations in respect of administration fees, otherwise the charge is technically not due. In reality one has little choice but to pay whatever is requested of you should you wish to complete the sale of your home.

I am the registered owner of a first flat in Westminster. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal determine the premium payable for the purchase of the freehold?

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

An example of a Lease Extension case for a Westminster premises is Flats 12A & 19, Evelyn Mansions Carlisle Place in June 2009. The Tribunal held that the price to be paid for the new lease of Flat 12A is £168,824, For the other flat the price was set at £169,110 This case was in relation to 2 flats. The remaining number of years on the lease was 56 years.

Westminster Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to Purchasing

It would be sensible to find out as much as possible about the managing agents as they will either make your life much simpler or problematic. As the owner of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to daily issues such as the tidiness of the common parts. Ask other tenants what they think of them. In conclusion, investigate as to the dates that you are obliged pay the maintenance charge to the relevant party and precisely what it includes. Are there any major works in the planning that will increase the maintenance charges? Best to be warned if a new roof is being installed or some other significant cost is due in the foreseeable future that will be shared by the leaseholders and may well dramatically increase the the service charges or result in a one off payment.