I am intending to sublet my leasehold flat in Axmouth and Branscombe. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Notwithstanding that your previous Axmouth and Branscombe conveyancing lawyer is not available you can review your lease to see if it allows you to sublet the apartment. The accepted inference is that if the lease is non-specific, subletting is permitted. There may be a precondition that you must obtain consent from your landlord or other appropriate person in advance of subletting. This means that you cannot sublet in the absence of first obtaining permission. Such consent is not allowed to be unreasonably turned down. If the lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.

Expecting to sign contracts shortly on a leasehold property in Axmouth and Branscombe. Conveyancing solicitors inform me that they will have a report out to me within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Axmouth and Branscombe should include some of the following:

• You should receive a copy of the lease

How long the lease is You should be advised as what happens when the lease expires, and aware of the importance of the 80 year mark

The physical extent of the premises. This will be the apartment itself but could also include a roof space or basement if applicable.

Will you be prohibited or prevented from having pets in the property?

You must be told what counts as a Nuisance in the lease

What you can do if a neighbour breach a clause of their lease?

What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Axmouth and Branscombe please enquire of your lawyer in advance of your conveyancing in Axmouth and Branscombe

I have just started marketing my basement flat in Axmouth and Branscombe.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should pay the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

All being well we will complete our sale of a £400000 flat in Axmouth and Branscombe on Thursday in a week. The freeholder has quoted £420 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Axmouth and Branscombe?

Axmouth and Branscombe conveyancing on leasehold maisonettes usually involves administration charges levied by landlords agents :

• Completing conveyancing due diligence questions
• Where consent is required before sale in Axmouth and Branscombe
• Copies of the building insurance and schedule
• 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 Axmouth and Branscombe leasehold premises is £350. For Axmouth and Branscombe 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 obliged to supply the information.

What are the frequently found defects that you witness in leases for Axmouth and Branscombe properties?

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

• Repairing obligations to or maintain elements of the property
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

You will encounter a problem 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, Barnsley Building Society, and Alliance & Leicester all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to pull out.

Axmouth and Branscombe Leasehold Conveyancing - A selection of Queries Prior to buying

In the main the cost for major works tend not to be included within service charges, although some managing agents in Axmouth and Branscombe ask tenants to pay into a reserve fund created for the specific intention of establishing a fund for major works. Are there any major works on the horizon that could add a premium to the maintenance costs? What restrictions are contained in the Axmouth and Branscombe Lease?

Other Topics

Lease Extensions in Axmouth and Branscombe