Frank (my husband) and I may need to rent out our Plymstock 1st floor flat for a while due to a career opportunity. We used a Plymstock conveyancing practice in 2001 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 Plymstock do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse 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.

I have just started marketing my garden apartment in Plymstock.Conveyancing lawyers have not yet been instructed but I have just had a quarterly service charge demand – Do I pay up?

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 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. This will smooth the conveyancing process.

I am looking at a two maisonettes in Plymstock which have about forty five years left on the leases. should I be concerned?

A lease is a legal document that entitles you to use the property for a prescribed time frame. As a lease shortens the value of the lease deteriorate and it becomes more costly to extend the lease. For this reason it is advisable to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease as mortgage companies may be unwilling to lend money on properties of this type. Lease extension can be a difficult process. We advise that you seek professional help from a solicitor and surveyor with experience in this field

Do you have any advice for leasehold conveyancing in Plymstock from the point of view of expediting the sale process?

• Much of the delay in leasehold conveyancing in Plymstock can be reduced if you appoint lawyers the minute you market your property and ask them to collate the leasehold information needed by the buyers solicitors.
• Many freeholders or Management Companies in Plymstock levy fees for supplying management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Plymstock.

If there is a history of conflict with your landlord 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 warry about purchasing a flat where a dispute is unsettled. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 purchasers, 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 freehold, you should ensure that you have the original share document. Arranging a replacement share certificate can be a time consuming formality and frustrates many a Plymstock home move. Where a reissued share certificate is required, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible.

You believe that you know the number of years remaining on your lease but it would be wise to double-check via your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to to exchange contracts if the lease term is below 80 years. It is therefore important at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £450000 flat in Plymstock on Wednesday in a week. The landlords agents has quoted £324 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Plymstock?

Plymstock conveyancing on leasehold maisonettes usually involves fees being levied by landlords agents :

• Addressing pre-contract questions
• Where consent is required before sale in Plymstock
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Plymstock leasehold property is £350. For Plymstock 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 provide answers.

Plymstock Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying

What prohibitions exist in the Plymstock Lease? On the whole the outlay for major works are not incorporated into the service charges, although there some managing agents in Plymstock ask leasehold owners to contribute towards a reserve fund and this is used to offset against larger works. You will want to find out as much as possible regarding the managing agents as they will either make life much easier or much more difficult. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to day to day issues like the upkeep of the communal areas. You should not be afraid to ask prospective neighbours whether they are happy with them. On a final note, be sure you know the dates that the maintenance fees are due to the managing agents and specifically what you get for your money.

Other Topics

Lease Extensions in Plymstock