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Frequently asked questions relating to St Neots leasehold conveyancing

I am intending to sublet my leasehold flat in St Neots. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Notwithstanding that your previous St Neots conveyancing solicitor is no longer around you can check your lease to check if it allows you to sublet the apartment. The rule is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you are obliged to seek permission via your landlord or other appropriate person before subletting. This means that you cannot sublet without prior consent. Such consent should not be unreasonably turned down. If the lease prohibits you from letting out the property you will need to ask your landlord for their consent.

I only have 62 years remaining on my lease in St Neots. I now wish to get lease extension but my landlord is absent. What are my options?

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 mean that your lease can be extended by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to locate the lessor. On the whole an enquiry agent should be useful to try and locate and prepare a report which can be used as proof that the landlord can not be located. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the vesting order request to the County Court covering St Neots.

I am hoping to complete next month on a ground floor flat in St Neots. Conveyancing lawyers have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

  • You should be sent a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Are pets allowed in the flat?
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • Changes to the flat (alterations and additions)
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in St Neots please enquire of your conveyancer in advance of your conveyancing in St Neots

    • Last month I purchased a leasehold flat in St Neots. Am I liable to pay service charges relating to a period prior to completion of my purchase?

    In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element 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).

    Can you provide any advice for leasehold conveyancing in St Neots from the perspective of expediting the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in St Neots can be bypassed where you get in touch lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the purchasers’ solicitors.
    • Many landlords or managing agents in St Neots charge for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management pack sought 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 frequent reason for delay in leasehold conveyancing in St Neots.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Most leases in St Neots state that internal structural alterations or installing wooden flooring require a licence issued by the Landlord approving such changes. Should you fail to have the consents in place you should not communicate with the landlord without checking with your conveyancer in advance.
  • If there is a history of conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be concerned about purchasing a flat where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is better to reveal the dispute as historic as opposed to ongoing.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you have the original share document. Organising a duplicate share certificate can be a time consuming process and frustrates many a St Neots home move. If a new share is required, do contact the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.

    • I invested in buying a split level flat in St Neots, conveyancing having been completed 2010. Can you let me have an estimated range of the fair premium for a lease extension? Comparable flats in St Neots with a long lease are worth £236,000. The average or mid-range amount of ground rent is £50 invoiced annually. The lease ends on 21st October 2088

    With only 64 years remaining on your lease we estimate the premium for your lease extension to be between £15,200 and £17,600 plus legals.

    The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to advice on the actual costs without more detailed due diligence. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not move forward based on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in St Neots