Jane (my partner) and I may need to let out our Shirebrook basement flat temporarily due to a new job. We instructed a Shirebrook conveyancing firm in 2001 but they have closed and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

A small minority of properties in Shirebrook do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review 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 permission.

There are only Seventy years unexpired on my flat in Shirebrook. I now wish to extend my lease but my landlord is absent. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. You will be obliged to prove that you have used your best endeavours to find the freeholder. For most situations an enquiry agent should be useful to carry out a search and prepare a report to be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Shirebrook.

I have just appointed agents to market my garden apartment in Shirebrook.Conveyancing is yet to be initiated but I have just had a yearly maintenance charge invoice – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should pay the invoice 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 unless 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.

Do you have any top tips for leasehold conveyancing in Shirebrook from the point of view of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Shirebrook can be bypassed if you get in touch lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the buyers lawyers.
• Many freeholders or managing agents in Shirebrook charge for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Shirebrook.

In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Shirebrook leases often stipulate that internal structural changes or laying down wooden flooring require a licence issued by the Landlord approving such alterations. Where you fail to have the consents in place you should not communicate with the landlord without contacting your solicitor before hand.

If you have had any disputes with your landlord or managing agents it is essential that these are resolved before the property is marketed. The buyers and their solicitors will be warry about purchasing a property where a dispute is unresolved. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to 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 better to reveal the dispute as over rather than unsettled.

If you have the benefit of shareholding in the freehold, you should ensure that you have the original share certificate. Arranging a new share certificate is often a lengthy formality and slows down many a Shirebrook conveyancing transaction. Where a duplicate share certificate is needed, do contact the company officers or managing agents (if applicable) for this as soon as possible.

If all goes to plan we aim to complete the disposal of our £425000 garden flat in Shirebrook in 5 days. The management company has quoted £384 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Shirebrook?

Shirebrook conveyancing on leasehold maisonettes usually involves administration charges levied by managing agents :

• Addressing pre-contract questions
• Where consent is required before sale in Shirebrook
• 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 Shirebrook leasehold property is £350. For Shirebrook 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 supply answers.

Shirebrook Leasehold Conveyancing - Sample of Queries before Purchasing

What is the the remaining lease term? How many of the leaseholders are in arrears for their maintenance charge payments? What is the name of the managing agents?

Other Topics

Lease Extensions in Shirebrook