I want to sublet my leasehold flat in Saffron Walden. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Your lease governs relations between the freeholder and you the flat owner; specifically, it will say if subletting is banned, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Saffron Walden do not prevent subletting altogether – such a clause would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.

You should [be sent a copy of the lease|receive a copy of the lease]

I am hoping to sign contracts shortly on a studio apartment in Saffron Walden. Conveyancing lawyers inform me that they report fully tomorrow. What should I be looking out for?

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

• Does the lease prohibit wood flooring?
• Whether the lease restricts you from renting out the property, or working from home
• 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 your lease has a provision for a reserve fund?
• I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
• Responsibility for repairing the window frames

For a comprehensive list of information to be contained in your report on your leasehold property in Saffron Walden please ask your lawyer in advance of your conveyancing in Saffron Walden

I today plan to offer on a house that appears to tick a lot of boxes, at a great price which is making it more attractive. I have since been informed that it's a leasehold rather than freehold. I would have thought that there are issues buying a leasehold house in Saffron Walden. Conveyancing advisers have not yet been appointed. Will they explain the issues?

The majority of houses in Saffron Walden are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Saffron Walden in which case you should be shopping around for a Saffron Walden conveyancing practitioner and check that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as requiring the landlord’spermission to conduct changes to the property. You may also be required to pay a contribution towards the maintenance of the communal areas where the property is located on an estate. Your lawyer should report to you on the legal implications.

Can you provide any advice for leasehold conveyancing in Saffron Walden with the purpose of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Saffron Walden can be avoided if you get in touch lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ conveyancers.
• The majority landlords or managing agents in Saffron Walden charge for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Saffron Walden.
• If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Saffron Walden state that internal structural changes or installing wooden flooring necessitate a licence issued by the Landlord acquiescing to such works. Should you fail to have the consents in place you should not contact the landlord without checking with your lawyer first.
• Some Saffron Walden leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents 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 yearly 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 buyers or their lawyers.
• If you are supposed to have a share in the freehold, you should ensure that you are holding the original share certificate. Arranging a new share certificate is often a time consuming formality and frustrates many a Saffron Walden home move. Where a reissued share is needed, do contact the company officers or managing agents (if relevant) for this as soon as possible.

We expect to complete the sale of our £ 400000 garden flat in Saffron Walden next Friday . The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Saffron Walden?

Saffron Walden conveyancing on leasehold maisonettes usually results in fees being raised by managing agents :

• Addressing pre-exchange enquiries
• Where consent is required before sale in Saffron Walden
• Supplying insurance information
• 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 Saffron Walden leasehold property is £350. For Saffron Walden 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 answers.

Saffron Walden Leasehold Conveyancing - Sample of Questions you should ask Prior to buying

How many of the leaseholders are in arrears for their service charge payments?