Jane (my partner) and I may need to rent out our Barnstaple ground floor flat temporarily due to a new job. We instructed a Barnstaple conveyancing practice in 2003 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?

Even though your last Barnstaple conveyancing lawyer is not around you can check your lease to check if you are permitted to let out the premises. The rule is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you need to obtain permission from your landlord or some other party before subletting. This means that you cannot sublet in the absence of first obtaining permission. The consent must not not be unreasonably refused ore delayed. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

There are only 62 years left on my flat in Barnstaple. I need to extend my lease but my freeholder 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 granted an extra 90 years by the Court. You will be obliged to prove that you or your lawyers have made all reasonable attempts to track down the freeholder. For most situations a specialist should be useful to conduct investigations and prepare a report which can be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer both on investigating the landlord’s disappearance and the application to the County Court covering Barnstaple.

Expecting to exchange soon on a basement flat in Barnstaple. Conveyancing lawyers have said that they report fully next week. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Barnstaple should include some of the following:

• You should receive a copy of the lease

My wife and I purchased a leasehold flat in Barnstaple. Conveyancing and Coventry Building Society mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Barnstaple who acted for me is not around.What should I do?

First contact HMLR to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Barnstaple conveyancing firm to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

We expect to complete our sale of a £500000 maisonette in Barnstaple next week. The landlords agents has quoted £420 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Barnstaple?

Barnstaple conveyancing on leasehold maisonettes usually necessitates the buyer’s lawyer sending enquiries for the landlord to address. Although the landlord is under no legal obligation to respond to these enquiries the majority will be content to do so. They are at liberty levy a reasonable administration fee for answering questions or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is over three hundred pounds, in some transactions it is above £800. The administration charge invoiced by the landlord must be sent together with a summary of rights and obligations in relation to administration charges, otherwise the invoice is technically not due. Reality however dictates that one has little option but to pay whatever is demanded should you wish to exchange contracts with the buyer.

Barnstaple Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

How much is the ground rent and service charge? It would be sensible to discover as much as you can concerning the company managing the block as they will either make living at the property much simpler or problematic. Being a leasehold owner you are often in the clutches of the managing agents from a financial perspective and when it comes to practical issues like the upkeep of the communal areas. Ask prospective neighbours what they think of them. On a final note, investigate as to the dates that the maintenance fees are due to the managing agents and specifically what you get for your money. The best form of lease structure is where the freehold title is in the ownership of the leaseholders. In this situation the leaseholders enjoy being in charge if their destiny and although a managing agent is frequently retained where it is larger than a house conversion, the managing agent retained by the leaseholders.

Other Topics

Lease Extensions in Barnstaple