Helen (my wife) and I may need to rent out our Tamworth garden flat temporarily due to taking a sabbatical. We instructed a Tamworth conveyancing practice in 2002 but they have since shut and we did not have the foresight to get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your last Tamworth 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 lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you are obliged to seek permission via your landlord or some other party before subletting. This means that you cannot sublet without first obtaining permission. The consent is not allowed to be unreasonably withheld. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.

I've found a house that seems to be perfect, at a great figure which is making it all the more appealing. I have just been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Tamworth. Conveyancing solicitors have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Tamworth ?

The majority of houses in Tamworth are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Tamworth so you should seriously consider shopping around for a Tamworth conveyancing practitioner and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the house is part of an estate. Your lawyer should appraise you on the various issues.

Can you offer any advice when it comes to appointing a Tamworth conveyancing firm to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Tamworth conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Tamworth conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• What volume of lease extensions has the firm carried out in Tamworth in the last 12 months?

What are the charges for lease extension conveyancing?

Can you provide any advice for leasehold conveyancing in Tamworth with the intention of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Tamworth can be avoided where you get in touch lawyers the minute your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the purchasers’ representatives.
• Many freeholders or managing agents in Tamworth levy fees for supplying management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Tamworth.

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 Tamworth state that internal structural alterations or laying down wooden flooring necessitate a licence from the Landlord acquiescing to such changes. Where you fail to have the approvals in place do not communicate with the landlord without checking with your conveyancer in advance.

If you have had conflict with your landlord or managing agents it is essential that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be concerned about purchasing a flat where a dispute is ongoing. 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 prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is better to present the dispute as historic rather than unresolved.

If you hold a share in a the freehold, you should ensure that you hold the original share document. Organising a re-issued share certificate can be a lengthy process and slows down many a Tamworth conveyancing deal. Where a reissued share certificate is necessary, you should approach the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.

Completion in due on the disposal of our £225000 apartment in Tamworth in just under a week. The managing agents has quoted £360 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Tamworth?

Tamworth conveyancing on leasehold apartments normally results in fees being levied by managing agents :

• Completing pre-exchange enquiries
• Where consent is required before sale in Tamworth
• 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 conveyancer will have no control over the level of the charges for this information but the average costs for the information for Tamworth leasehold premises is £350. For Tamworth 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 required to provide answers.

I purchased a leasehold flat in Tamworth, conveyancing having been completed half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Similar properties in Tamworth with a long lease are worth £191,000. The average or mid-range amount of ground rent is £45 per annum. The lease runs out on 21st October 2097

With only 72 years unexpired we estimate the price of your lease extension to range between £8,600 and £9,800 as well as legals.

The suggested premium range above a general guide to costs for extending a lease, but we are not able to supply a more accurate figure in the absence of comprehensive due diligence. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you move forward based on this information before getting professional advice.

Other Topics

Lease Extensions in Tamworth