Helen (my wife) and I may need to sub-let our Shirehampton 1st floor flat temporarily due to a new job. We instructed a Shirehampton conveyancing firm in 2003 but they have closed and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Shirehampton do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold 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 permission.

Due to complete next month on a ground floor flat in Shirehampton. Conveyancing solicitors inform me that they are sending me a report tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in Shirehampton should include some of the following:

• The total extent of the demise. This will be the property itself but might incorporate a roof space or cellar if applicable.
• Setting out your rights in relation to common areas in the building.For instance, does the lease include a right of way over an accessway or staircase?
• Does the lease prevent you from letting out the flat, or working from home
• Changes to the flat (alterations and additions)
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
• What the implications are if you breach a clause of your lease?

I am a negotiator for a long established estate agent office in Shirehampton where we have witnessed a few leasehold sales jeopardised due to short leases. I have been given inconsistent advice from local Shirehampton conveyancing firms. Could you confirm whether the owner of a flat can start the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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.

What advice can you give us when it comes to appointing a Shirehampton conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a Shirehampton conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with two or three firms including non Shirehampton conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

• How many lease extensions have they carried out in Shirehampton in the last year?
• Can they put you in touch with client in Shirehampton who can give a testimonial?

Do you have any advice for leasehold conveyancing in Shirehampton from the perspective of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Shirehampton can be avoided if you appoint lawyers as soon as you market your property and request that they start to collate the leasehold documentation which will be required by the purchasers’ conveyancers.
• The majority landlords or managing agents in Shirehampton levy fees for supplying management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Shirehampton.
• If you have carried out any alterations to the property would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Shirehampton state that internal structural changes or laying down wooden flooring require a licence from the Landlord acquiescing to such alterations. If you dont have the consents in place you should not contact the landlord without checking with your solicitor in advance.
• If you are supposed to have a share in the Management Company, you should ensure that you have the original share document. Arranging a duplicate share certificate is often a time consuming process and slows down many a Shirehampton home move. Where a reissued share is needed, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.
• You believe that you know the number of years remaining on your lease but it would be advisable double-check via your solicitors. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is less than 75 years. It is therefore important at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

Shirehampton Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing

Its a good idea to find out as much as possible regarding the managing agents as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to day to day matters such as the upkeep of the communal areas. Ask other people whether they are happy with their service. Finally, find out the dates that you are obliged pay the service charge to the managing agents and specifically what it includes.