I would like to let out my leasehold flat in Sittingbourne. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

A small minority of properties in Sittingbourne do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold 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 consent.

I have recently realised that I have Seventy years remaining on my lease in Sittingbourne. I now wish to get lease extension but my freeholder is can not be found. What options are available to me?

If you qualify, 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 extended by the magistrate. However, you will be required to prove that you or your lawyers have done all that could be expected to find the landlord. In some cases a specialist should be useful to conduct investigations and prepare a report which can be used as proof that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Sittingbourne.

I work for a long established estate agency in Sittingbourne where we have witnessed a few flat sales put at risk as a result of short leases. I have received conflicting advice from local Sittingbourne conveyancing firms. Could you confirm whether the vendor of a flat can instigate 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 start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

An alternative approach is 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 are your top tips when it comes to choosing a Sittingbourne conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for your lease extension (regardless if they are a Sittingbourne conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Sittingbourne conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• If the firm is not ALEP accredited then why not?

All being well we will complete our sale of a £500000 apartment in Sittingbourne next Wednesday . The managing agents has quoted £420 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in Sittingbourne?

Sittingbourne conveyancing on leasehold maisonettes normally requires the buyer’s solicitor submitting questions for the landlord to address. Although the landlord is under no legal obligation to respond to such questions most will be content to do so. They may invoice a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is £350, in some cases it is in excess of £800. The management information fee levied by the landlord must be accompanied by a summary of entitlements and obligations in respect of administration charges, otherwise the charge is technically not due. In reality you have no option but to pay whatever is demanded if you want to complete the sale of your home.

Sittingbourne Conveyancing for Leasehold Flats - Examples of Questions you should ask before buying

Generally speaking the cost for major works tend not to be built into the service charges, although there some managing agents in Sittingbourne ask leaseholders to contribute towards a reserve fund created for the specific intention of building a fund for larger repairs or maintenance. If a Sittingbourne lease has no more than 80 years it will affect the salability of the apartment. It is worth checking with your mortgage company that they are happy with the length of the lease. Leases with fewer than 80 years remaining means that you will most likely require a lease extension sooner rather than later and it is worth discovering how much this will be. Remember, in most cases you will be be obliged to have been the owner of the property for 24 months in order to be eligible to carry out a lease extension. How much is the ground rent and service charge?

Other Topics

Lease Extensions in Sittingbourne