I wish to rent out my leasehold apartment in Ampthill. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Notwithstanding that your last Ampthill conveyancing solicitor is no longer available you can review your lease to see if you are permitted to let out the property. The rule is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you must seek permission via your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet in the absence of first obtaining permission. Such consent must not not be unreasonably withheld. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

There are only Seventy years unexpired on my flat in Ampthill. I need to extend my lease but my freeholder is absent. What options are available to me?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to find the landlord. In some cases a specialist should be helpful to carry out a search and prepare a report to be used as proof that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s absence and the vesting order request to the County Court covering Ampthill.

I've recently bought a leasehold property in Ampthill. Am I liable to pay service charges relating to a period prior to my ownership?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

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

If you are instructing a conveyancer for lease extension works (regardless if they are a Ampthill conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with several firms including non Ampthill 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 useful:

• If they are not ALEP accredited then what is the reason?

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £450000 apartment in Ampthill in just under a week. The landlords agents has quoted £300 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Ampthill?

Ampthill conveyancing on leasehold maisonettes normally involves the purchaser’s solicitor sending questions for the landlord to address. Although the landlord is not legally bound to address such questions most will be content to assist. They are at liberty invoice a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some situations it is above £800. The administration charge demanded by the landlord must be sent together with a synopsis of rights and obligations in relation to administration fees, otherwise the charge is technically not due. In reality one has little option but to pay whatever is requested of you if you want to sell the property.

Ampthill Leasehold Conveyancing - A selection of Queries Prior to buying

What prohibitions are contained in the Ampthill Lease? Many Ampthill leasehold apartments will have a service charge for the upkeep of the building set by the management company. If you buy the flat you will have to meet this charge, usually in instalments accross the year. This can differ from a few hundred pounds to thousands of pounds for large purpose-built blocks. In all likelihood there will be a ground rent for you to pay annual, this is usually not a exorbitant sum, say around £50-£100 but you need to enquire it because sometimes it can be surprisingly expensive. The answer will be helpful as a) areas could result in problems in the block as the communal areas may start to deteriorate where repairs are not paid for b) if the tenants have an issue with the managing agents you will wish to have all the details

Other Topics

Lease Extensions in Ampthill