My partner and I may need to sub-let our Shenfield basement flat for a while due to a new job. We instructed a Shenfield conveyancing practice in 2003 but they have since shut and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?

A lease dictates the relationship between the freeholder and you the leaseholder; specifically, it will indicate if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Shenfield do not contain subletting altogether – such a provision would adversely affect the market value the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

I have recently realised that I have Fifty years left on my lease in Shenfield. I need to extend my lease but my freeholder is can not be found. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. You will be obliged to demonstrate that you have used your best endeavours to track down the landlord. In some cases an enquiry agent may be helpful to carry out a search and prepare an expert document to be used as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Shenfield.

Expecting to complete next month on a studio apartment in Shenfield. Conveyancing solicitors have said that they are sending me a report next week. What should I be looking out for?

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

• You should receive a copy of the lease

Ground rent - how much and when you need to pay, and also know whether this will change in the future

Whether your lease has a provision for a reserve fund?

Repair and maintenance of the flat

Changes to the flat (alterations and additions)

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

What options are open to you if a neighbour is in violation of a provision in their lease? For a comprehensive list of information to be contained in your report on your leasehold property in Shenfield please enquire of your lawyer in ahead of your conveyancing in Shenfield

I have just appointed agents to market my basement flat in Shenfield.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly service charge demand – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should discharge 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 management companies 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. Having a clear account will assist your cause and will leave you no worse off financially.

All being well we will complete our sale of a £275000 apartment in Shenfield in 8 days. The freeholder has quoted £420 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Shenfield?

Shenfield conveyancing on leasehold apartments typically involves fees being raised by managing agents :

• Answering conveyancing due diligence questions
• Where consent is required before sale in Shenfield
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Shenfield leasehold premises is £350. For Shenfield 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 provide the information.

Leasehold Conveyancing in Shenfield - A selection of Questions you should ask Prior to buying

Generally speaking the outlay for major works are not built into the maintenance charges, albeit that some managing agents in Shenfield ask leasehold owners to pay into a sinking fund and this is used to offset against major repairs or maintenance. Are there any major works in the planning that could increase the service costs? Is there a share of the freehold?

Other Topics

Lease Extensions in Shenfield