I am intending to let out my leasehold apartment in Moor Row. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Even though your previous Moor Row conveyancing solicitor is no longer around you can check your lease to see if you are permitted to let out the apartment. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you must seek permission via your landlord or other appropriate person prior to subletting. This means you not allowed to sublet without prior consent. The consent must not not be unreasonably withheld. If the lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

Looking forward to complete next month on a basement flat in Moor Row. Conveyancing lawyers inform me that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?

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

• You should be sent a copy of the lease

The physical extent of the property. This will be the property itself but may include a loft or cellar if appropriate.

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 property and do you know what it means in practice?

What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Moor Row please ask your lawyer in advance of your conveyancing in Moor Row

I've found a house that seems to be perfect, at a reasonable figure which is making it more attractive. I have since found out that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Moor Row. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Moor Row ?

Most houses in Moor Row are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are buying in Moor Row so you should seriously consider looking for a Moor Row conveyancing practitioner and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the landlord’spermission to carry out alterations. It may be necessary to pay a contribution towards the maintenance of the estate where the house is part of an estate. Your conveyancer should advise you fully on all the issues.

I work for a reputable estate agency in Moor Row where we have witnessed a number of leasehold sales derailed due to leases having less than 80 years remaining. I have been given inconsistent advice from local Moor Row conveyancing solicitors. Could you shed some light as to whether the seller of a flat can instigate the lease extension formalities for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser 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 needs to be completed before, or at the same time as completion of the sale.

An alternative approach is to agree the lease extension with the freeholder 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.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £325000 maisonette in Moor Row next week. The management company has quoted £348 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Moor Row?

Moor Row conveyancing on leasehold maisonettes ordinarily necessitates fees being invoiced by managing agents :

• Answering conveyancing due diligence enquiries
• Where consent is required before sale in Moor Row
• 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 conveyancer will have no control over the level of the charges for this information but the average costs for the information for Moor Row leasehold premises is £350. For Moor Row 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.

Moor Row Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

On the whole the cost for major works are not wrapped into the service charges, albeit that there some managing agents in Moor Row require leasehold owners to contribute towards a reserve fund created for the specific purpose of building a fund for larger works. Is there a share of the freehold? Who takes responsibility for maintaining and repairing the block?

Other Topics

Lease Extensions in Moor Row