Helen (my wife) and I may need to sub-let our Swadlincote basement flat for a while due to a new job. We instructed a Swadlincote conveyancing firm in 2002 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A lease dictates the relationship between the freeholder and you the leaseholder; in particular, it will indicate if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Swadlincote do not prevent subletting altogether – such a clause would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.

Looking forward to sign contracts shortly on a garden flat in Swadlincote. Conveyancing lawyers inform me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?

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

• Defining your rights in relation to the communal areas in the block.E.G., does the lease provide for a right of way over a path or hallways?
• Does the lease prohibit wood flooring?
• Are pets allowed in the flat?
• You should have a good understanding of the insurance provisions
• Changes to the flat (alterations and additions)
• Responsibility for repairing the window frames

I’m about to sell my ground floor apartment in Swadlincote.Conveyancing solicitors are to be appointed soon but I have just had a half-yearly service charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I am a negotiator for a busy estate agency in Swadlincote where we have experienced a few leasehold sales put at risk as a result of short leases. I have received contradictory information from local Swadlincote conveyancing solicitors. Please can you confirm whether the seller of a flat can initiate the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer 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 prior to, or at the same time as completion of the sale.

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.

Do you have any top tips for leasehold conveyancing in Swadlincote with the aim of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Swadlincote can be avoided where you appoint lawyers the minute your agents start advertising the property and request that they start to collate the leasehold information which will be required by the buyers solicitors.
• If you have carried out any alterations to the property would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in Swadlincote state that internal structural alterations or installing wooden flooring require a licence issued by the Landlord acquiescing to such works. Should you fail to have the approvals in place do not communicate with the landlord without contacting your solicitor in advance.
• A minority of Swadlincote 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 obtain financial (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 service charge figures so that they can pass this information on to the purchasers or their lawyers.
• If there is a history of conflict with your landlord or managing agents it is very important that these are resolved before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a flat where there is an ongoing dispute. You may have to bite the bullet and discharge 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 prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic as opposed to unresolved.
• If you have the benefit of shareholding in the freehold, you should make sure that you have the original share document. Organising a re-issued share certificate is often a lengthy formality and frustrates many a Swadlincote conveyancing deal. Where a duplicate share is required, do contact the company officers or managing agents (if relevant) for this sooner rather than later.

Swadlincote Leasehold Conveyancing - Sample of Questions you should ask before Purchasing