Harry (my fiance) and I may need to sub-let our Aylesbury garden flat temporarily due to taking a sabbatical. We used a Aylesbury conveyancing practice in 2004 but they have closed and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Aylesbury do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse 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 permission.

Due to complete next month on a leasehold property in Aylesbury. Conveyancing solicitors assured me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

• Do you need to have carpet in the flat or are you allowed wood flooring?
• Will you be prohibited or prevented from having pets in the property?
• Repair and maintenance of the flat
• I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
• What the implications are if you breach a clause of your lease?

Do you have any top tips for leasehold conveyancing in Aylesbury with the purpose of saving time on the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Aylesbury can be reduced if you get in touch lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the purchasers’ conveyancers.
• The majority freeholders or Management Companies in Aylesbury levy fees for supplying management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Aylesbury.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Aylesbury leases often stipulate that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord approving such alterations. If you dont have the paperwork to hand do not contact the landlord without contacting your lawyer in advance.
• If you have the benefit of shareholding in the Management Company, you should ensure that you have the original share document. Obtaining a replacement share certificate is often a time consuming process and delays many a Aylesbury conveyancing deal. If a reissued share certificate is required, you should approach the company officers or managing agents (if applicable) for this as soon as possible.
• You believe that you know the number of years remaining on your lease but it would be advisable double-check via your lawyers. A buyer’s lawyer will not be happy to advise their client to where the remaining number of years is below 80 years. It is therefore important at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

Completion in due on our sale of a £ 350000 apartment in Aylesbury next Wednesday . The management company has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Aylesbury?

Aylesbury conveyancing on leasehold flats often involves the buyer’s solicitor submitting enquiries for the landlord to answer. Although the landlord is under no legal obligation to respond to such questions most will be willing to assist. They are entitled invoice a reasonable administration fee for answering questions or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some situations it is in excess of £800. The management information fee levied by the landlord must be sent together with a synopsis of rights and obligations in relation to administration charges, without which the invoice is not strictly payable. In reality you have no option but to pay whatever is requested of you if you want to sell the property.

What makes a Aylesbury lease unmortgageable?

Leasehold conveyancing in Aylesbury is not unique. All leases are individual and legal mistakes in the legal wording can sometimes mean that certain provisions are erroneous. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the premises
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You will 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. Barclays , The Royal Bank of Scotland, and Bank of Ireland all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to withdraw.

Leasehold Conveyancing in Aylesbury - Sample of Questions you should ask before Purchasing

This question is helpful as a) areas could cause problems in the building as the common areas may start to deteriorate if maintenance are not paid for b) if the leasehold owners have a dispute with the managing agents you will need to know about it