Harry (my fiance) and I may need to sub-let our Woburn Sands basement flat for a while due to a career opportunity. We used a Woburn Sands conveyancing practice in 2004 but they have since shut and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?

Some leases for properties in Woburn Sands 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.

Estate agents have just been given the go-ahead to market my 2 bed apartment in Woburn Sands.Conveyancing is yet to be initiated but I have just had a quarterly maintenance charge invoice – what should I do?

It best that you 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.

What are your top tips when it comes to finding a Woburn Sands conveyancing practice to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Woburn Sands conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you talk with two or three firms including non Woburn Sands conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

• If they are not ALEP accredited then why not?
• How many lease extensions has the firm conducted in Woburn Sands in the last 12 months?

Can you provide any top tips for leasehold conveyancing in Woburn Sands from the point of view of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Woburn Sands can be reduced where you appoint lawyers as soon as you market your property and ask them to put together the leasehold information needed by the purchasers’ solicitors.
• In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Woburn Sands leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord approving such works. Should you fail to have the consents to hand you should not communicate with the landlord without contacting your lawyer in advance.
• Some Woburn Sands leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 service charge figures 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 settled prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may have to bite the bullet and pay 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 are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to present the dispute as historic rather than ongoing.
• If you are supposed to have a share in the Management Company, you should ensure that you have the original share document. Obtaining a replacement share certificate is often a time consuming process and delays many a Woburn Sands home move. If a new share is required, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

What are the common deficiencies that you encounter in leases for Woburn Sands properties?

Leasehold conveyancing in Woburn Sands is not unique. Most leases is drafted differently and drafting errors can result in certain sections are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the building
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

You will encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Coventry Building Society, and TSB all have express conveyancing instructions 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.

I am the registered owner of a 1 bedroom flat in Woburn Sands, conveyancing having been completed 2006. Can you work out an approximate cost of a lease extension? Corresponding properties in Woburn Sands with a long lease are worth £212,000. The ground rent is £55 charged once a year. The lease ceases on 21st October 2080

With only 54 years left to run we estimate the premium for your lease extension to range between £33,300 and £38,400 plus professional fees.

The suggested premium range above a general guide to costs for extending a lease, but we are not able to provide the actual costs in the absence of detailed investigations. You should not use this information in tribunal or court proceedings. There may be additional concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information without first getting professional advice.