I wish to rent out my leasehold flat in Whitefield. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Even though your last Whitefield conveyancing lawyer is no longer available you can review your lease to check if you are permitted to let out the premises. The accepted inference is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you are obliged to seek consent from your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet in the absence of prior permission. The consent is not allowed to be unreasonably turned down. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.

Estate agents have just been given the go-ahead to market my garden flat in Whitefield.Conveyancing is yet to be initiated but I have just received a quarterly service charge demand – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should discharge 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 management companies 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.

I own a leasehold house in Whitefield. Conveyancing and Barclays Direct mortgage are in place. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1995. The conveyancing solicitor in Whitefield who acted for me is not around.What should I do?

First make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. There is no need to incur the fees of a Whitefield conveyancing solicitor to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Do you have any top tips for leasehold conveyancing in Whitefield with the intention of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Whitefield can be avoided where you appoint lawyers as soon as you market your property and request that they start to collate the leasehold information needed by the purchasers’ solicitors.
• The majority freeholders or Management Companies in Whitefield charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. 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 common reason for frustration in leasehold conveyancing in Whitefield.
• If you have carried out any alterations to the premises would they have required Landlord’s approval? In particular have you installed wooden flooring? Whitefield leases often stipulate that internal structural changes or addition of wooden flooring require a licence issued by the Landlord acquiescing to such alterations. Where you dont have the paperwork to hand do not contact the landlord without contacting your lawyer in the first instance.
• If you have had conflict with your freeholder or managing agents it is essential that these are resolved before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over as opposed to unresolved.
• If you hold a share in a the Management Company, you should make sure that you hold the original share document. Arranging a duplicate share certificate is often a time consuming process and delays many a Whitefield home move. If a reissued share certificate is required, do contact the company director and secretary or managing agents (if applicable) for this as soon as possible.

Are there common problems that you see in leases for Whitefield properties?

There is nothing unique about leasehold conveyancing in Whitefield. Most leases are unique and drafting errors can result in certain clauses are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the building
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Norwich and Peterborough Building Society, and Platform Home Loans Ltd all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, obliging the buyer to pull out.

Whitefield Conveyancing for Leasehold Flats - Sample of Queries Prior to buying

How is the lease structured?