I wish to rent out my leasehold flat in Shard End. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Some leases for properties in Shard End do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to 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 permission.

I've found a house that seems to tick a lot of boxes, at a reasonable price which is making it more attractive. I have subsequently discovered that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Shard End. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Shard End ?

Most houses in Shard End are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Shard End so you should seriously consider shopping around for a Shard End conveyancing solicitor and check that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the property is part of an estate. Your conveyancer should appraise you on the various issues.

What advice can you give us when it comes to finding a Shard End conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Shard End conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Shard End conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• What volume of lease extensions has the firm conducted in Shard End in the last 12 months?

What are the legal fees for lease extension conveyancing?

Can you provide any top tips for leasehold conveyancing in Shard End from the point of view of speeding up the sale process?

• A significant proportion of the delay in leasehold conveyancing in Shard End can be reduced if you instruct lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the purchasers’ representatives.
• If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Shard End leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord acquiescing to such changes. Where you dont have the consents to hand do not communicate with the landlord without checking with your conveyancer in advance.

Some Shard End leases require Licence to Assign from the landlord. 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. Any 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 service charge figures so that they can pass this information on to the buyers or their solicitors.

If you have had conflict with your landlord or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a flat where a dispute is unresolved. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of 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 reveal the dispute as over as opposed to ongoing.

If you hold a share in a the freehold, you should make sure that you have the original share certificate. Arranging a new share certificate can be a time consuming formality and slows down many a Shard End conveyancing transaction. Where a duplicate share is required, you should approach the company officers or managing agents (if applicable) for this sooner rather than later.

If all goes to plan we aim to complete our sale of a £250000 apartment in Shard End in nine days. The management company has quoted £372 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Shard End?

For most leasehold sales in Shard End conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering pre-exchange enquiries
• Where consent is required before sale in Shard End
• 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 Shard End leasehold property is £350. For Shard End 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 answers.

Leasehold Conveyancing in Shard End - Sample of Questions you should consider Prior to Purchasing

Make sure you investigate if there are any onerous restrictions in the lease. For instance it is fairly common in Shard End leases that pets are not allowed in certain buildings in Shard End. If you like the propertyin Shard End however your dog is not allowed to make the move with you then you will be faced hard determination. What prohibitions are contained in the Shard End Lease? Are there any major works anticipated that will likely add a premium to the maintenance charges?

Other Topics

Lease Extensions in Shard End