Helen (my wife) and I may need to rent out our Sneyd Green garden flat temporarily due to a new job. We used a Sneyd Green conveyancing firm in 2002 but they have since shut and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?

Even though your last Sneyd Green conveyancing lawyer is not around you can review your lease to check if you are permitted to let out the premises. The accepted inference is that if the deeds are non-specific, subletting is permitted. Quite often there is a prerequisite that you must seek permission via your landlord or some other party before subletting. This means you not allowed to sublet in the absence of first obtaining permission. The consent should not be unreasonably turned down. If your lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.

There are only 62 years left on my flat in Sneyd Green. I need to get lease extension but my freeholder is absent. What options are available to me?

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 an order to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. However, you will be required to prove that you or your lawyers have used your best endeavours to find the lessor. For most situations an enquiry agent may be useful to carry out a search and to produce an expert document to be used as proof that the freeholder 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 Sneyd Green.

What advice can you give us when it comes to appointing a Sneyd Green conveyancing firm to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Sneyd Green conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Sneyd Green conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

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

What are the charges for lease extension work?

Can you provide any top tips for leasehold conveyancing in Sneyd Green from the perspective of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Sneyd Green can be bypassed if you appoint lawyers as soon as you market your property and ask them to collate the leasehold information needed by the purchasers’ solicitors.
• The majority landlords or managing agents in Sneyd Green levy fees for providing management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management pack 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 frequent reason for delay in leasehold conveyancing in Sneyd Green.

In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Sneyd Green state that internal structural alterations or addition of wooden flooring necessitate a licence from the Landlord acquiescing to such works. If you fail to have the paperwork to hand do not communicate with the landlord without checking with your conveyancer in the first instance.

Some Sneyd Green leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their lawyers.

If you are supposed to have a share in the freehold, you should make sure that you are holding the original share certificate. Arranging a re-issued share certificate can be a time consuming formality and delays many a Sneyd Green conveyancing deal. If a reissued share certificate is needed, you should approach the company director and secretary or managing agents (where applicable) for this sooner rather than later.

If all goes to plan we aim to complete the disposal of our £200000 flat in Sneyd Green in just under a week. The management company has quoted £396 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Sneyd Green?

For most leasehold sales in Sneyd Green conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering pre-contract questions
• Where consent is required before sale in Sneyd Green
• Copies of the building insurance and schedule
• 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 Sneyd Green leasehold property is £350. For Sneyd Green 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 Sneyd Green - A selection of Queries Prior to Purchasing

Is anyone aware of any major works in the near future that could add a premium to the service fees? What restrictions exist in the Sneyd Green Lease? On the whole the outlay for major works tend not to be built into the service charges, albeit that some managing agents in Sneyd Green ask leasehold owners to contribute towards a reserve fund and this is used to offset against larger repairs or maintenance.

Other Topics

Lease Extensions in Sneyd Green