I would like to rent out my leasehold apartment in Wilberfoss. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Some leases for properties in Wilberfoss do contain a provision to say that subletting is only allowed with permission. The landlord cannot 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 permission.

Planning to exchange soon on a ground floor flat in Wilberfoss. 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 Wilberfoss 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 Wilberfoss please enquire of your lawyer in advance of your conveyancing in Wilberfoss

I work for a busy estate agent office in Wilberfoss where we have witnessed a few flat sales jeopardised due to short leases. I have been given inconsistent advice from local Wilberfoss 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 Wilberfoss conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a Wilberfoss 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 Wilberfoss 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 Wilberfoss who can give a testimonial?

If all goes to plan we aim to complete the sale of our £500000 apartment in Wilberfoss 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 Wilberfoss?

For the majority of leasehold sales in Wilberfoss conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering pre-exchange enquiries
• Where consent is required before sale in Wilberfoss
• 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 Wilberfoss leasehold premises is £350. For Wilberfoss 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.

Wilberfoss Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

On the whole the cost for major works tend not to be built into the service charges, albeit that some managing agents in Wilberfoss 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 Wilberfoss 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. Remember, in most cases 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 Wilberfoss