Harry (my fiance) and I may need to sub-let our Axbridge 1st floor flat temporarily due to taking a sabbatical. We used a Axbridge conveyancing practice in 2001 but they have since shut and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Axbridge do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience suggests 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 have recently realised that I have Fifty years left on my lease in Axbridge. I am keen to get lease extension but my landlord 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 for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to track down the landlord. For most situations a specialist may be useful to try and locate and prepare a report to be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Axbridge.

I am tempted by the attractive purchase price for a two maisonettes in Axbridge both have approximately forty five years unexpired on the leases. Should I regard a short lease as a deal breaker?

A lease is a right to use the property for a period of time. As the lease gets shorter the saleability of the lease deteriorate and it becomes more expensive to acquire a lease extension. This is why it is advisable to increase the term of the lease. It is often difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a protracted process. We recommend you seek professional help from a conveyancer and surveyor with experience in this arena

Can you offer any advice when it comes to finding a Axbridge conveyancing firm to deal with our lease extension?

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

• If the firm is not ALEP accredited then what is the reason?

Are there common defects that you encounter in leases for Axbridge properties?

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

• Repairing obligations to or maintain parts of the property
• Insurance obligations
• 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

You may encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Barnsley Building Society, and Nottingham Building Society all have very detailed requirements 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 buyer to withdraw.

Axbridge Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to buying

Is anyone aware of any major works in the planning that will increase the service fees? It would be a good idea to find out if there is anything that is prohibited in the lease. For instance plenty of leases prohibit pets being allowed in in a block in Axbridge. If you like the flatin Axbridge yet your cat can’t make the move with you then you will be faced hard determination. Are any of leasehold owners in arrears of their service charge liability?

Other Topics

Lease Extensions in Axbridge