Harry (my fiance) and I may need to rent out our Accrington 1st floor flat for a while due to a new job. We used a Accrington conveyancing practice in 2002 but they have closed and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?

Some leases for properties in Accrington do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience dictates 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.

I only have 62 years unexpired on my flat in Accrington. I now wish to extend my lease but my freeholder is missing. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to prove that you have used your best endeavours to find the lessor. In some cases a specialist would be useful to conduct investigations and prepare an expert document which can be used as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Accrington.

What are your top tips when it comes to choosing a Accrington conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for your lease extension (regardless if they are a Accrington conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Accrington conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

• What volume of lease extensions have they carried out in Accrington in the last twenty four months?

Can you provide any top tips for leasehold conveyancing in Accrington with the aim of speeding up the sale process?

• A significant proportion of the delay in leasehold conveyancing in Accrington can be reduced if you appoint lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the buyers solicitors.
• In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Accrington state that internal structural changes or addition of wooden flooring calls for a licence from the Landlord acquiescing to such alterations. Where you dont have the approvals in place do not communicate with the landlord without checking with your solicitor in advance.

When it comes to leasehold conveyancing in Accrington what are the most frequent lease defects?

There is nothing unique about leasehold conveyancing in Accrington. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain sections are erroneous. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the premises
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You could have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, Skipton Building Society, and Clydesdale all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to withdraw.

I own a basement flat in Accrington, conveyancing formalities finalised in 2003. How much will my lease extension cost? Comparable properties in Accrington with over 90 years remaining are worth £262,000. The ground rent is £60 invoiced every year. The lease comes to an end on 21st October 2080

With just 55 years left to run the likely cost is going to range between £29,500 and £34,000 plus legals.

The figure that we have given is a general guide to costs for extending a lease, but we are not able to supply the actual costs without more detailed due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt additional concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first getting professional advice.

Other Topics

Lease Extensions in Accrington