Harry (my fiance) and I may need to rent out our Aston on Trent garden flat temporarily due to taking a sabbatical. We used a Aston on Trent conveyancing practice in 2003 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Aston on Trent conveyancing solicitor is no longer around you can check your lease to check if you are permitted to let out the property. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you are obliged to seek consent from your landlord or other appropriate person in advance of subletting. This means that you cannot sublet without first obtaining consent. Such consent must not not be unreasonably withheld. If your lease prohibits you from subletting the property you should ask your landlord for their consent.

I own a leasehold flat in Aston on Trent. Conveyancing and Coventry Building Society mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1997. The conveyancing solicitor in Aston on Trent who previously acted has now retired.What should I do?

The first thing you should do is contact the Land Registry to be sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to instruct a Aston on Trent conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am a negotiator for a reputable estate agency in Aston on Trent where we have witnessed a few flat sales put at risk due to leases having less than 80 years remaining. I have been given contradictory information from local Aston on Trent conveyancing solicitors. Could you shed some light as to whether the owner of a flat can initiate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is 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 simultaneously with completion of the sale.

An alternative approach is to agree the lease extension with the freeholder 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 purchaser.

Completion in due on our sale of a £475000 flat in Aston on Trent next week. The management company has quoted £324 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Aston on Trent?

Aston on Trent conveyancing on leasehold flats normally involves fees being raised by landlords agents :

• Addressing pre-contract enquiries
• Where consent is required before sale in Aston on Trent
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Aston on Trent leasehold property is £350. For Aston on Trent 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 the information.

In relation to leasehold conveyancing in Aston on Trent what are the most frequent lease problems?

Leasehold conveyancing in Aston on Trent is not unique. All leases are individual and drafting errors can sometimes mean that certain clauses are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the property
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , The Mortgage Works, and Godiva Mortgages Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the purchaser to withdraw.

Aston on Trent Leasehold Conveyancing - Examples of Queries before buying

It is important to be aware if a new roof is being put on or some other major work is anticipated to be shared between the leasehold owners and could well materially increase the the maintenance fees or require a specific payment. It would be sensible to discover as much as you can concerning the managing agents as they will either make life much easier or problematic. As the proprietor of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to practical issues such as the upkeep of the communal areas. Enquire of prospective neighbours if they are happy with their service. In conclusion, find out the dates that you are obliged pay the maintenance charge to the managing agents and precisely what it includes. What restrictions exist in the Aston on Trent Lease?

Other Topics

Lease Extensions in Aston on Trent