Helen (my wife) and I may need to rent out our Stamford Bridge ground floor flat temporarily due to a career opportunity. We instructed a Stamford Bridge conveyancing firm in 2002 but they have since shut and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your last Stamford Bridge conveyancing solicitor is not around you can check your lease to see if it allows you to sublet the premises. The accepted inference is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you need to obtain consent from your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet without first obtaining consent. Such consent must not not be unreasonably withheld. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

There are only 72 years unexpired on my lease in Stamford Bridge. I am keen to get lease extension but my landlord is missing. What are my options?

On the basis that you qualify, 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 granted an extra 90 years by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to locate the landlord. For most situations a specialist would be useful to conduct investigations and prepare an expert document which can be used as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to investigating the landlord’s absence and the application to the County Court covering Stamford Bridge.

I own a leasehold flat in Stamford Bridge. Conveyancing and Barclays mortgage organised. A letter has just been received from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Stamford Bridge who acted for me is not around.What should I do?

The first thing you should do is contact HMLR to be sure that this person is in fact the new freeholder. There is no need to incur the fees of a Stamford Bridge conveyancing lawyer to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am employed by a busy estate agent office in Stamford Bridge where we have experienced a number of leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Stamford Bridge conveyancing solicitors. Can you clarify whether the seller of a flat can initiate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has owned the lease 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. This means that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed 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.

Can you provide any advice for leasehold conveyancing in Stamford Bridge with the aim of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Stamford Bridge can be reduced if you get in touch lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation needed by the buyers representatives.
• The majority landlords or managing agents in Stamford Bridge charge for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. 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 usual cause of delay in leasehold conveyancing in Stamford Bridge.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Stamford Bridge leases often stipulate that internal structural alterations or installing wooden flooring require a licence issued by the Landlord consenting to such alterations. Where you dont have the consents in place do not contact the landlord without contacting your solicitor before hand.
• Some Stamford Bridge leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are able to meet 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
• If you hold a share in a the freehold, you should make sure that you are holding the original share certificate. Organising a new share certificate can be a lengthy process and frustrates many a Stamford Bridge conveyancing transaction. Where a reissued share certificate is necessary, do contact the company officers or managing agents (if applicable) for this sooner rather than later.

Stamford Bridge Conveyancing for Leasehold Flats - Sample of Queries Prior to buying

Can you inform me if there are any major works on the horizon that could increase the maintenance charges? It would be prudent to find out as much as possible concerning the company managing the block as they will impact your use and enjoyment of the property. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to daily matters like the upkeep of the common parts. Ask prospective neighbours whether they are happy with their service. On a final note, investigate as to the dates that the maintenance charges are due to the appropriate party and precisely what you get for your money.