I am intending to let out my leasehold apartment in Shenfield. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

A small minority of properties in Shenfield 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 see 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.

Planning to sign contracts shortly on a basement flat in Shenfield. Conveyancing lawyers assured me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Shenfield should include some of the following:

• The length of the lease term You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark

I have just started marketing my 2 bed apartment in Shenfield.Conveyancing is yet to be initiated but I have just received a quarterly service charge demand – Do I pay up?

It best that you clear the service charge 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 managing agents will not acknowledge the buyer until 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.

My wife and I purchased a leasehold house in Shenfield. Conveyancing and Leeds Building Society mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1997. The conveyancing solicitor in Shenfield who previously acted has now retired.Any advice?

First make enquiries of HMLR to be sure that this person is in fact the new freeholder. There is no need to incur the fees of a Shenfield conveyancing firm to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am a negotiator for a reputable estate agent office in Shenfield where we have experienced a few flat sales jeopardised as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Shenfield conveyancing solicitors. Could you confirm whether the owner of a flat can start the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Shenfield Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing

Make sure you enquire if there are any onerous prohibitions in the lease. For example it is very common in Shenfield leases that pets are not allowed in in a block in Shenfield. If you like the propertyin Shenfield but your cat can’t make the move with you then you will be faced difficult compromise. Does the lease have onerous restrictions? Most Shenfield leasehold apartments will have a service bill for maintenance of the building levied by the freeholder. Where you purchase the property you will have to meet this amount, normally periodically throughout the year. This could vary from two or three hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. In all probability there will be a ground rent to be met yearly, ordinarily this is not a significant sum, say around £25-£75 but you should to check it because occasionally it could be surprisingly expensive.

Other Topics

Lease Extensions in Shenfield