Jane (my partner) and I may need to let out our Lytham St Annes 1st floor flat for a while due to a new job. We used a Lytham St Annes conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Some leases for properties in Lytham St Annes do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience suggests 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 have just appointed agents to market my garden apartment in Lytham St Annes.Conveyancing lawyers have not yet been instructed but I have just received a quarterly maintenance charge invoice – what should I do?

Your conveyancing lawyer is likely to suggest that you should pay the invoice 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 management companies will not acknowledge the buyer unless 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. Having a clear account will assist your cause and will leave you no worse off financially.

I am employed by a long established estate agency in Lytham St Annes where we see a number of leasehold sales put at risk due to leases having less than 80 years remaining. I have received conflicting advice from local Lytham St Annes conveyancing solicitors. Can you clarify whether the owner of a flat can start the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

What advice can you give us when it comes to finding a Lytham St Annes conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Lytham St Annes conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Lytham St Annes conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:

• How familiar is the practice with lease extension legislation?

If they are not ALEP accredited then why not?

We expect to complete the sale of our £175000 garden flat in Lytham St Annes next week. The managing agents has quoted £336 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Lytham St Annes?

Lytham St Annes conveyancing on leasehold maisonettes typically necessitates administration charges raised by freeholders :

• Completing conveyancing due diligence questions
• Where consent is required before sale in Lytham St Annes
• 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 solicitor will have no control over the level of the charges for this information but the average costs for the information for Lytham St Annes leasehold premises is £350. For Lytham St Annes 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 supply the information.

Leasehold Conveyancing in Lytham St Annes - Examples of Questions you should ask before buying

How many of the leaseholders are in arrears for their service charge payments? The best form of lease arrangement is where the freehold interest is owned by the leaseholders. In this arrangement the lessees benefit from control and even though a managing agent is frequently employed if it is larger than a house conversion, the managing agent is directed by the tenants. The majority of Lytham St Annes leasehold properties will be liable to pay a service charge for maintenance of the building set by the landlord. Should you acquire the flat you will have to meet this amount, normally in instalments throughout the year. This could be anything from two or three hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. There will also be a ground rent for you to pay yearly, this is usually not a significant amount, say about £25-£75 but you should to enquire as occasionally it can be surprisingly expensive.

Other Topics

Lease Extensions in Lytham St Annes