Questions and Answers: Barnard Castle leasehold conveyancing
My wife and I may need to rent out our Barnard Castle 1st floor flat temporarily due to a new job. We instructed a Barnard Castle conveyancing firm in 2002 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?
Your lease dictates the relationship between the landlord and you the flat owner; in particular, it will set out if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Barnard Castle do not prevent strict prohibition on subletting – such a clause would undoubtedly devalue the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.
There are only 72 years unexpired on my lease in Barnard Castle. I need to extend my lease but my freeholder is absent. What are my options?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. You will be obliged to prove that you have used your best endeavours to locate the lessor. On the whole a specialist would be useful to carry out a search and to produce an expert document which can be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s absence and the vesting order request to the County Court overseeing Barnard Castle.
Expecting to exchange soon on a leasehold property in Barnard Castle. Conveyancing solicitors have said that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Barnard Castle should include some of the following:
- The physical extent of the demise. This will be the apartment itself but might incorporate a roof space or cellar if appropriate.
Can you offer any advice when it comes to choosing a Barnard Castle conveyancing practice to carry out our lease extension conveyancing?
When appointing a property lawyer for lease extension works (regardless if they are a Barnard Castle conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Barnard Castle conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:
- How experienced is the firm with lease extension legislation?
All being well we will complete our sale of a £125000 flat in Barnard Castle in 8 days. The landlords agents has quoted £384 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Barnard Castle?
Barnard Castle conveyancing on leasehold flats often involves the buyer’s conveyancer sending questions for the landlord to answer. Although the landlord is not legally bound to answer such questions the majority will be willing to do so. They are at liberty invoice a reasonable administration fee for answering enquiries 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 administration charge levied by the landlord must be sent together with a synopsis of entitlements and obligations in respect of administration fees, without which the invoice is technically not due. In reality you have little choice but to pay whatever is demanded should you wish to exchange contracts with the buyer.
I invested in buying a studio flat in Barnard Castle, conveyancing was carried out in 2001. Can you shed any light on how much the price could be for a 90 year extension to my lease? Comparable flats in Barnard Castle with a long lease are worth £249,000. The ground rent is £60 invoiced every year. The lease finishes on 21st October 2092
With 71 years unexpired the likely cost is going to range between £14,300 and £16,400 plus plus your own and the landlord's "reasonable" professional fees.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to provide the actual costs without more detailed investigations. Do not use the figures in a Notice of Claim or as an informal offer. There may be other concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information without first getting professional advice.