My partner and I may need to sub-let our Wellesbourne basement flat for a while due to a career opportunity. We used a Wellesbourne conveyancing firm in 2004 but they have closed and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?

A lease governs the relationship between the landlord and you the leaseholder; in particular, it will say if subletting is not allowed, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Wellesbourne do not prevent an absolute prevention of subletting – such a clause would undoubtedly devalue the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

Planning to complete next month on a ground floor flat in Wellesbourne. Conveyancing solicitors have said that they report fully tomorrow. What should I be looking out for?

Your report on title for your leasehold conveyancing in Wellesbourne should include some of the following:

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

Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder

Whether the lease restricts you from letting out the property, or working from home

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

Changes to the flat (alterations and additions)

Responsibility for repairing the window frames

What you can do if a neighbour is in violation of a provision in their lease? For a comprehensive list of information to be included in your report on your leasehold property in Wellesbourne please ask your lawyer in ahead of your conveyancing in Wellesbourne

I am a negotiator for a long established estate agent office in Wellesbourne where we have experienced a few flat sales jeopardised as a result of short leases. I have been given conflicting advice from local Wellesbourne conveyancing firms. Can you clarify whether the vendor of a flat can initiate the lease extension process for the purchaser on completion of the sale?

As long as 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 proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

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.

What advice can you give us when it comes to choosing a Wellesbourne conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a solicitor for your lease extension (regardless if they are a Wellesbourne conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with several firms including non Wellesbourne conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• Can they put you in touch with client in Wellesbourne who can give a testimonial?

What are the charges for lease extension conveyancing?

All being well we will complete the sale of our £350000 maisonette in Wellesbourne in six days. The management company has quoted £372 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Wellesbourne?

Wellesbourne conveyancing on leasehold maisonettes nine out of ten times involves administration charges levied by managing agents :

• Addressing pre-exchange questions
• Where consent is required before sale in Wellesbourne
• Supplying insurance information
• 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 Wellesbourne leasehold premises is £350. For Wellesbourne 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.

Wellesbourne Leasehold Conveyancing - Sample of Questions you should ask before buying

Its a good idea to find out as much as possible regarding the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to day to day issues such as the cleanliness of the common parts. Don't be shy to ask other people what they think of them. In conclusion, investigate as to the dates that the service charges are due to the appropriate party and precisely what it includes. Is anyone aware of any major works in the planning that will likely increase the maintenance fees? Be sure to discover if the the lease includes any unreasonable restrictions in the lease. For example plenty of leases prohibit pets being permitted in certain buildings in Wellesbourne. If you love the flatin Wellesbourne yet your cat can’t move with you then you have a very hard decision.

Other Topics

Lease Extensions in Wellesbourne