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

A lease dictates relations between the landlord and you the leaseholder; 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 allowed. Most leases in Sawtry 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 sending a copy of the tenancy agreement.

Last month I purchased a leasehold property in Sawtry. Am I liable to pay service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

What advice can you give us when it comes to appointing a Sawtry conveyancing practice to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Sawtry conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Sawtry conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

• How many lease extensions have they carried out in Sawtry in the last 12 months?
• Can they put you in touch with client in Sawtry who can give a testimonial?

Can you provide any top tips for leasehold conveyancing in Sawtry from the perspective of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Sawtry can be reduced if you appoint lawyers the minute you market your property and request that they start to collate the leasehold information needed by the purchasers’ solicitors.
• If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Sawtry leases often stipulate that internal structural alterations or installing wooden flooring require a licence issued by the Landlord approving such alterations. If you fail to have the consents in place do not contact the landlord without checking with your solicitor in the first instance.
• If you have had 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 buyers and their solicitors will be warry about purchasing a property where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve 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 are still duty bound to disclose details of the dispute to the purchasers, but it is better to present the dispute as over rather than unsettled.
• If you are supposed to have a share in the freehold, you should ensure that you hold the original share document. Organising a duplicate share certificate can be a time consuming process and delays many a Sawtry conveyancing transaction. If a duplicate share certificate is needed, do contact the company officers or managing agents (where relevant) for this as soon as possible.
• You believe that you know the number of years left on your lease but it would be advisable double-check via your solicitors. A purchaser's lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is below 80 years. It is therefore important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

We expect to complete the sale of our £ 225000 maisonette in Sawtry next week. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Sawtry?

Sawtry conveyancing on leasehold flats usually necessitates the purchaser’s solicitor submitting questions for the landlord to answer. Although the landlord is not legally bound to answer such questions most will be willing to do so. They are at liberty invoice a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The management information fee demanded by the landlord must be accompanied by a summary of rights and obligations in respect of administration fees, without which the invoice is not strictly payable. Reality however dictates that you have little choice but to pay whatever is requested of you should you wish to sell the property.

Sawtry Leasehold Conveyancing - A selection of Questions you should consider Prior to Purchasing

How is the lease structured?