My partner and I may need to sub-let our The Meadows ground floor flat for a while due to a career opportunity. We instructed a The Meadows conveyancing practice in 2003 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

A lease governs the relationship between the freeholder and you the flat owner; in particular, it will say if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in The Meadows do not contain subletting altogether – such a provision would adversely affect the market value the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.

Planning to exchange soon on a ground floor flat in The Meadows. Conveyancing lawyers have said 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 The Meadows should include some of the following:

• How long the lease is You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark

The total extent of the premises. This will be the property itself but could also include a loft or basement if applicable.

Does the lease prohibit wood flooring?

Ground rent - how much and when you need to pay, and also know whether this will change in the future

An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has

Whether your lease has a provision for a reserve fund?

Responsibility for repairing the window frames For details of the information to be included in your report on your leasehold property in The Meadows please enquire of your lawyer in advance of your conveyancing in The Meadows

I work for a busy estate agent office in The Meadows where we have witnessed a few flat sales jeopardised due to short leases. I have been given inconsistent advice from local The Meadows conveyancing solicitors. Can you clarify whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner 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. This means that the buyer 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 has to be done prior to, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder 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.

What are your top tips when it comes to appointing a The Meadows conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a The Meadows conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non The Meadows conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:

• If they are not ALEP accredited then why not?

Can they put you in touch with client in The Meadows who can give a testimonial?

If all goes to plan we aim to complete the sale of our £500000 apartment in The Meadows next week. The landlords agents has quoted £396 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in The Meadows?

The Meadows conveyancing on leasehold apartments usually necessitates administration charges raised by management companies :

• Answering pre-exchange enquiries
• Where consent is required before sale in The Meadows
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for The Meadows leasehold premises is £350. For The Meadows 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 The Meadows - Sample of Queries Prior to Purchasing

Generally speaking the cost for major works tend not to be built into the service charges, albeit that some managing agents in The Meadows obliged tenants to contribute towards a sinking fund and this is used to offset against major works. What is the length of the lease? If a The Meadows lease has fewer than 80 years it will have adverse implications on the value of the apartment. Check with your bank that they are content with remaining years on the lease. A short lease means that you will probably have to extend the lease at some point and it is worth discovering how much this will be. For most The Meadowslease extensions you will be be obliged to have owned the residence for two years before you are eligible to exercise a lease extension.

Other Topics

Lease Extensions in The Meadows