Fixed-fee leasehold conveyancing in Maltby:

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Maltby leasehold conveyancing Example Support Desk Enquiries

My partner and I may need to rent out our Maltby ground floor flat temporarily due to taking a sabbatical. We instructed a Maltby conveyancing firm in 2002 but they have closed and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?

Some leases for properties in Maltby 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 see 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.

Planning to sign contracts shortly on a leasehold property in Maltby. Conveyancing lawyers inform me that they will have a report out to me within the next couple of days. What should I be looking out for?

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

  • You should be sent a copy of the lease
  • The unexpired lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Repair and maintenance of the flat
  • Changes to the flat (alterations and additions)
  • 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 premises and do you know what it means in practice? For details of the information to be included in your report on your leasehold property in Maltby please ask your lawyer in ahead of your conveyancing in Maltby

    • What advice can you give us when it comes to appointing a Maltby conveyancing practice to carry out our lease extension conveyancing?

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

    • Can they put you in touch with client in Maltby who can give a testimonial?
  • What are the charges for lease extension work?

    • Do you have any advice for leasehold conveyancing in Maltby with the intention of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Maltby can be reduced where you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information needed by the buyers solicitors.
    • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Maltby state that internal structural changes or laying down wooden flooring calls for a licence from the Landlord approving such works. Should you fail to have the approvals in place you should not communicate with the landlord without contacting your lawyer in advance.
  • A minority of Maltby leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If you have had conflict with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The buyers and their solicitors will be warry about purchasing a property where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is clearly preferable to present the dispute as historic as opposed to unresolved.
  • If you are supposed to have a share in the Management Company, you should make sure that you hold the original share document. Obtaining a new share certificate is often a lengthy process and frustrates many a Maltby home move. If a duplicate share certificate is required, you should approach the company officers or managing agents (if applicable) for this sooner rather than later.

    • All being well we will complete the disposal of our £275000 apartment in Maltby next Tuesday . The landlords agents has quoted £372 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Maltby?

    Maltby conveyancing on leasehold apartments more often than not involves the buyer’s solicitor sending enquiries for the landlord to address. Although the landlord is under no legal obligation to respond to these enquiries the majority will be content to do so. They may levy a reasonable administration fee for responding to questions or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some situations it is in excess of £800. The administration charge levied by the landlord must be accompanied by a synopsis of entitlements and obligations in relation to administration fees, otherwise the charge is technically not due. Reality however dictates that one has little choice but to pay whatever is demanded if you want to exchange contracts with the buyer.

    Maltby Leasehold Conveyancing - Sample of Queries Prior to Purchasing

      Is the freehold reversion owned collectively by the leaseholders? Does the lease have in excess of 82 years left? You should be aware if it is less than 80 years it will affect the value of the apartment. It is worth checking with your mortgage company that they are willing to lend given the lease term. A short lease means that you will most likely require a lease extension at some point and you need to have some idea of what this would cost. Remember, in most cases you will be required to have owned the property for two years in order to be eligible to exercise a lease extension.

    Other Topics

    Lease Extensions in Maltby