Jane (my partner) and I may need to sub-let our Tilbury basement flat for a while due to taking a sabbatical. We instructed a Tilbury conveyancing firm in 2001 but they have since shut 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?

Some leases for properties in Tilbury do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I am hoping to complete next month on a studio apartment in Tilbury. Conveyancing solicitors inform me that they are sending me a report within the next couple of days. What should I be looking out for?

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

• The length of the lease term You should be advised as what happens when the lease ends, and informed of the importance of the 80 year mark

I have just started marketing my ground floor apartment in Tilbury.Conveyancing lawyers have not yet been instructed but I have just had a quarterly maintenance charge demand – what should I do?

Your conveyancing lawyer is likely to suggest that you should pay 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 managing agents will not acknowledge the buyer until 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.

Last month I purchased a leasehold property in Tilbury. Am I liable to pay service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure 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).

Completion in due on the sale of our £375000 flat in Tilbury next Tuesday . The management company has quoted £372 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Tilbury?

Tilbury conveyancing on leasehold flats usually requires the buyer’s solicitor sending questions for the landlord to answer. Although the landlord is not legally bound to address these enquiries most will be willing to do so. They are entitled charge a reasonable administration fee for responding to questions or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is over three hundred pounds, in some transactions it exceeds £800. The administration charge invoiced by the landlord must be sent together with a synopsis of entitlements and obligations in relation to administration fees, otherwise the charge is not strictly payable. Reality however dictates that one has no choice but to pay whatever is demanded if you want to complete the sale of your home.

Tilbury Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

Most Tilbury leasehold apartments will have a service bill for maintenance of the block invoiced by the management company. Should you acquire the flat you will have to meet this contribution, normally quarterly during the year. This can differ from a couple of hundred pounds to thousands of pounds for blocks with lifts and large common grounds. In all probability there will be a ground rent for you to pay annual, ordinarily this is not a significant amount, say approximately £50-£100 but you need to check it because on occasion it can be surprisingly expensive. How many of the leaseholders are in arrears for their maintenance charge payments? It is important to be aware if fixing the lift or some other significant cost is anticipated to be shared between the leasehold owners and will materially impact the level of the maintenance costs or require a one time payment.

Other Topics

Lease Extensions in Tilbury