I am on look out for some leasehold conveyancing in Badminton. Before diving in I require certainty as to the unexpired term of the lease.

If the lease is recorded at the land registry - and most are in Badminton - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

My husband and I may need to let out our Badminton 1st floor flat for a while due to taking a sabbatical. We used a Badminton conveyancing practice in 2004 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?

The lease governs relations between the freeholder and you the leaseholder; in particular, it will set out if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Badminton do not prevent strict prohibition on subletting – such a provision would undoubtedly devalue the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.

Back In 2006, I bought a leasehold flat in Badminton. Conveyancing and Godiva Mortgages Ltd mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Badminton who previously acted has now retired.What should I do?

First make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. It is not necessary to instruct a Badminton conveyancing solicitor to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Do you have any advice for leasehold conveyancing in Badminton from the perspective of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Badminton can be avoided where you appoint lawyers the minute you market your property and ask them to put together the leasehold documentation which will be required by the buyers solicitors.
• The majority landlords or Management Companies in Badminton levy fees for providing management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Badminton.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Most leases in Badminton state that internal structural alterations or installing wooden flooring calls for a licence from the Landlord consenting to such works. If you fail to have the approvals in place do not contact the landlord without checking with your lawyer first.
• A minority of Badminton leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
• If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share document. Arranging a re-issued share certificate is often a lengthy process and slows down many a Badminton home move. Where a duplicate share certificate is required, you should approach the company officers or managing agents (if applicable) for this sooner rather than later.

When it comes to leasehold conveyancing in Badminton what are the most common lease problems?

Leasehold conveyancing in Badminton is not unique. Most leases is drafted differently and drafting errors can sometimes mean that certain sections are erroneous. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the building
• 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 primarily because it impacts on the ability to obtain a mortgage on the property. Lloyds TSB Bank, The Royal Bank of Scotland, and TSB 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 does not cover certain provisions they may refuse to grant the mortgage, forcing the buyer to withdraw.

I acquired a 2 bed flat in Badminton, conveyancing having been completed half a dozen years ago. How much will my lease extension cost? Comparable properties in Badminton with over 90 years remaining are worth £219,000. The ground rent is £45 per annum. The lease ends on 21st October 2092

You have 66 years left to run we estimate the price of your lease extension to range between £13,300 and £15,400 as well as costs.

The figure above a general guide to costs for renewing a lease, but we are not able to advice on a more accurate figure without more detailed due diligence. Do not use the figures in tribunal or court proceedings. There may be additional concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you move forward based on this information without first getting professional advice.