My fiance and I may need to sub-let our Shinfield ground floor flat temporarily due to a new job. We instructed a Shinfield conveyancing firm in 2003 but they have since shut and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

Some leases for properties in Shinfield 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 suggests 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.

My wife and I purchased a leasehold house in Shinfield. Conveyancing and The Royal Bank of Scotland mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Shinfield who acted for me is not around.Do I pay?

First make enquiries of the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. There is no need to instruct a Shinfield conveyancing lawyer to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I've recently bought a leasehold flat in Shinfield. Do I have any liability for service charges for periods before my ownership?

Where the service charge has already been demanded from the previous owner 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. It is an essential part 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).

Do you have any advice for leasehold conveyancing in Shinfield from the perspective of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Shinfield can be reduced if you appoint lawyers the minute your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the purchasers’ lawyers.
• If you have carried out any alterations to the premises would they have required Landlord’s approval? In particular have you installed wooden flooring? Shinfield leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord consenting to such works. If you dont have the paperwork to hand do not communicate with the landlord without checking with your solicitor in advance.

If you have had conflict with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be nervous about purchasing a flat where there is an ongoing 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 particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over as opposed to unresolved.

If you are supposed to have a share in the freehold, you should make sure that you have the original share document. Obtaining a replacement share certificate is often a lengthy process and frustrates many a Shinfield home move. Where a new share is necessary, 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 by asking your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is less than 80 years. It is therefore essential at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

If all goes to plan we aim to complete our sale of a £475000 maisonette in Shinfield in 5 days. The landlords agents has quoted £336 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Shinfield?

Shinfield conveyancing on leasehold maisonettes nine out of ten times necessitates administration charges raised by management companies :

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

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Shinfield leasehold property is £350. For Shinfield 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 the information.

Shinfield Leasehold Conveyancing - A selection of Queries before Purchasing

If a Shinfield lease has no more than eighty years it will have adverse implications on the salability of the property. Check with your bank that they are willing to to proceed given the lease term. A short lease means that you will probably have to extend the lease at some point and it is worth finding out what this will be. For most Shinfieldlease extensions you will be be obliged to have been the owner of the residence for 24 months before you are legally able to carry out a lease extension. What is the yearly service fee and ground rent? Who are the managing agents?

Other Topics

Lease Extensions in Shinfield