My fiance and I may need to rent out our Wokingham ground floor flat temporarily due to taking a sabbatical. We used a Wokingham conveyancing practice in 2001 but they have closed and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

A lease governs relations between the freeholder and you the flat owner; specifically, it will say if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Wokingham do not contain subletting altogether – such a clause would adversely affect the market value the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

Looking forward to complete next month on a studio apartment in Wokingham. Conveyancing solicitors assured me that they report fully within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Wokingham should include some of the following:

• You should be sent a copy of the lease

The total extent of the premises. This will be the flat itself but might incorporate a loft or cellar if applicable.

Will you be prohibited or prevented from having pets in the property?

You should be told what counts as a Nuisance in the lease

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

Repair and maintenance of the flat For details of the information to be contained in your report on your leasehold property in Wokingham please ask your lawyer in advance of your conveyancing in Wokingham

I am employed by a busy estate agency in Wokingham where we have experienced a number of leasehold sales jeopardised due to short leases. I have been given contradictory information from local Wokingham conveyancing firms. Could you clarify whether the owner of a flat can instigate the lease extension formalities 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. This means that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the disposal of the property.

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 buyer.

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

When appointing a property lawyer for your lease extension (regardless if they are a Wokingham conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Wokingham conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

• If the firm is not ALEP accredited then why not?

What are the costs for lease extension conveyancing?

All being well we will complete the disposal of our £275000 apartment in Wokingham in nine days. The managing agents has quoted £396 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Wokingham?

Wokingham conveyancing on leasehold maisonettes usually results in administration charges levied by management companies :

• Addressing pre-contract enquiries
• Where consent is required before sale in Wokingham
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Wokingham leasehold premises is £350. For Wokingham 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 supply answers.

Wokingham Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to buying

How long is the Lease? Does the lease have onerous restrictions? Where a Wokingham lease has fewer than 80 years it will impact the marketability of the property. Check with your lender that they are willing to go ahead with the loan given the lease term. A short lease means that you will most likely have to extend the lease sooner rather than later and it is worth finding out what this would cost. For most Wokinghamlease extensions you will be be obliged to have been the owner of the property for two years in order to be eligible to extend the lease.

Other Topics

Lease Extensions in Wokingham