Jane (my partner) and I may need to let out our Moor Row ground floor flat temporarily due to a new job. We used a Moor Row conveyancing firm in 2004 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Some leases for properties in Moor Row do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review 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.

Looking forward to sign contracts shortly on a garden flat in Moor Row. Conveyancing lawyers inform me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Moor Row should include some of the following:

• The physical extent of the demise. This will be the property itself but might incorporate a loft or cellar if appropriate.
• Setting out your rights in respect of the communal areas in the building.E.G., does the lease include a right of way over an accessway or hallways?
• You need to be told what counts as a Nuisance in the lease
• 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
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
• What the implications are if you breach a clause of your lease?

Estate agents have just been given the go-ahead to market my ground floor apartment in Moor Row.Conveyancing has not commenced but I have just received a quarterly maintenance charge demand – should I leave it to the buyer to sort out?

The sensible thing to do is discharge 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 managing agents 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. This will smooth the conveyancing process.

I work for a long established estate agent office in Moor Row where we see a few flat sales put at risk as a result of short leases. I have been given inconsistent advice from local Moor Row conveyancing solicitors. Please can you confirm whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?

Provided that the seller has owned the lease 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. This means that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

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 purchaser.

Do you have any advice for leasehold conveyancing in Moor Row from the point of view of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Moor Row can be reduced if you instruct lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation needed by the purchasers’ solicitors.
• Many freeholders or Management Companies in Moor Row levy fees for providing management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Moor Row.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Moor Row leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence from the Landlord approving such changes. Where you dont have the consents in place you should not communicate with the landlord without contacting your solicitor before hand.
• If there is a history of any disputes with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet 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 prior to 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 reveal the dispute as historic as opposed to unresolved.
• If you are supposed to have a share in the Management Company, you should ensure that you have the original share document. Organising a replacement share certificate can be a lengthy formality and slows down many a Moor Row conveyancing deal. If a reissued share is required, do contact the company officers or managing agents (where applicable) for this as soon as possible.

Moor Row Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

Is there a share of the freehold?