I am on look out for some leasehold conveyancing in Rugby. Before diving in I require certainty as to the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and almost all are in Rugby - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

My husband and I may need to rent out our Rugby 1st floor flat for a while due to taking a sabbatical. We instructed a Rugby conveyancing practice in 2002 but they have closed and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Some leases for properties in Rugby 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 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.

Looking forward to exchange soon on a leasehold property in Rugby. Conveyancing solicitors have said that they will have a report out to me next week. What should I be looking out for?

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

• You should receive a copy of the lease

The total extent of the demise. This will be the flat itself but may incorporate a roof space or cellar if applicable.

Are pets allowed in the flat?

Does the lease prevent you from renting out the property, or having a home office for business

Repair and maintenance of the flat

Changes to the flat (alterations and additions)

What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Rugby please enquire of your lawyer in advance of your conveyancing in Rugby

Do you have any advice for leasehold conveyancing in Rugby from the perspective of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Rugby can be reduced if you instruct lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information which will be required by the purchasers’ representatives.
• The majority freeholders or Management Companies in Rugby charge for providing management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Rugby.

In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Rugby state that internal structural changes or installing wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. If you fail to have the consents to hand do not communicate with the landlord without contacting your conveyancer in the first instance.

A minority of Rugby leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.

If you hold a share in a the freehold, you should ensure that you hold the original share document. Organising a re-issued share certificate can be a time consuming formality and frustrates many a Rugby home move. If a duplicate share certificate is needed, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

All being well we will complete the sale of our £200000 flat in Rugby on Monday in a week. The management company has quoted £360 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Rugby?

Rugby conveyancing on leasehold maisonettes nine out of ten times involves administration charges invoiced by freeholders :

• Completing conveyancing due diligence enquiries
• Where consent is required before sale in Rugby
• 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 Rugby leasehold property is £350. For Rugby 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 required to supply the information.

I own a leasehold flat in Rugby, conveyancing was carried out 10 years ago. Can you give me give me an indication of the likely cost of a lease extension? Corresponding properties in Rugby with over 90 years remaining are worth £266,000. The ground rent is £45 charged once a year. The lease ceases on 21st October 2093

With only 68 years unexpired we estimate the premium for your lease extension to range between £10,500 and £12,000 as well as professional fees.

The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure without more comprehensive investigations. You should not use the figures in tribunal or court proceedings. There may be other concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information without first getting professional advice.

Other Topics

Lease Extensions in Rugby