Buying and selling a leasehold flat

Selling a leasehold flat involves your landlord and managing agent as well as your buyer. The lease usually sets conditions for a sale, and the buyer’s solicitor will want detailed information about the building. Knowing what is coming can save weeks.

What your lease may require

Selling the remaining years of a lease is called an assignment. Most leases attach conditions to it so that the landlord always knows who owns each flat. There are three common ones.

• A deed of covenant. The buyer signs an agreement with the landlord or management company promising to keep to the terms of the lease.
• Consent to the sale. Some leases require the landlord’s written consent before you sell or mortgage the flat.
• Notice of the sale. The buyer’s solicitor must tell the landlord or agent about the sale, usually within 28 days of completion, and pay a registration fee.

Many flats also have a restriction on the title at HM Land Registry. The new owner cannot be registered until the landlord or management company confirms that the lease conditions have been met.

What the managing agent is asked for

The buyer’s solicitor sends questions about the building to your solicitor, who passes them to the managing agent. Most use a standard form called the LPE1. Replies go back through the solicitors. We cannot give information straight to a buyer because of data protection law.

The usual requests are:

• The buildings insurance details.
• Service charge accounts for the last three years and the current budget.
• A statement showing that service charges and ground rent are paid up to date.
• Details of any major works planned or under way, and any Section 20 notices.
• The amount held in the reserve fund.
• Any known breaches of the lease, and any consents given for alterations.
• The fire risk assessment and, for buildings built before 2000, the asbestos survey for the shared areas.

For taller buildings, solicitors now also ask about building safety, including the leaseholder deed of certificate and the landlord’s certificate under the Building Safety Act 2022.

Fees

Answering sale enquiries, registering notices and dealing with deeds of covenant is not part of the yearly management fee, so it is charged separately, normally to the seller. In law these are administration charges. They must be reasonable, and you have the right to challenge them at the First-tier Tribunal. In September 2026 the government said it will legislate for powers to cap permission fees and some administration fees, such as charges for providing documents. A consultation will decide which fees are covered and at what level, and none of this is law yet.

Service charges when you sell

• Keep paying as normal. The two solicitors divide the charges between seller and buyer on the day of completion.
• Any arrears will need to be cleared on or before completion, or your solicitor will be asked to undertake to pay them from the sale proceeds.
• If the year-end accounts could show a shortfall for the time you owned the flat, the solicitors usually hold back a small sum, called a retention, until the figure is known.
• A refund that arises after the sale goes to whoever owns the flat at that point, unless you and the buyer agreed otherwise in writing.

Shares and membership

If your building is run by a Residents’ Management Company, you probably hold a share in it or are a member. It has to be transferred to the buyer when the flat is sold, and your solicitor will deal with this. Find your share certificate early. A missing one is a common cause of delay.

Paperwork worth keeping

• Service charge budgets and year-end accounts.
• Recent demands for service charge and ground rent.
• Letters about major works, including Section 20 notices.
• Your share or membership certificate.
• Any written consents you were given, for example for alterations, flooring or a pet.

Questions for buyers to ask

• How long is left on the lease and what is the ground rent?
• What does the service charge cover, how much is it and when is it paid?
• Is there a reserve fund, and are any major works planned?
• Are pets, subletting and alterations allowed, and what permissions are needed?
• What are the parking arrangements?
• Is there a Residents’ Management Company, and will I need to become a member or director?
• Is the service charge money held in a separate client account, and are the accounts independently checked?
• On a new development: who pays the service charge for unsold flats, when will control pass to the residents’ company, and how are defects reported?

This article is general guidance based on the law in England in October 2026. It is not legal advice. Your lease or transfer deed always comes first, so check it, and take professional advice on anything in dispute. You will find more answers in our FAQs.