Harry (my fiance) and I may need to sub-let our Whimple 1st floor flat temporarily due to a new job. We used a Whimple conveyancing firm in 2002 but they have closed and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

A small minority of properties in Whimple do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience suggests 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 have just started marketing my ground floor apartment in Whimple.Conveyancing solicitors are to be appointed soon but I have just received a yearly service charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is pay the service charge 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 house in Whimple. Am I liable to pay service charges relating to a period prior to completion of my purchase?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, 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 be sure 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).

Do you have any advice for leasehold conveyancing in Whimple from the point of view of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Whimple can be reduced where you get in touch lawyers the minute your agents start marketing the property and ask them to collate the leasehold information needed by the buyers representatives.
• Many landlords or Management Companies in Whimple charge for providing management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management information sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Whimple.

In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Whimple state that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord approving such works. Should you dont have the approvals to hand you should not communicate with the landlord without contacting your solicitor in advance.

Some Whimple leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.

If there is a history of any disputes with your landlord or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to reveal the dispute as historic as opposed to ongoing.

We expect to complete the disposal of our £475000 flat in Whimple in just under a week. The freeholder has quoted £408 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 leasehold conveyance in Whimple?

Whimple conveyancing on leasehold flats typically results in fees being invoiced by freeholders :

• Completing pre-contract enquiries
• Where consent is required before sale in Whimple
• 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 Whimple leasehold property is £350. For Whimple 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 supply answers.

Whimple Conveyancing for Leasehold Flats - Sample of Queries before buying

It would be wise to find out as much as you can concerning the company managing the building as they will either make life much easier or problematic. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to practical issues such as the tidiness of the communal areas. Ask prospective neighbours whether they are happy with them. Finally, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically how they are spending that money. Who are the managing agents? Are any of leasehold owners in dispute over their service charge payments?

Other Topics

Lease Extensions in Whimple