My wife and I may need to rent out our Barton Seagrave basement flat temporarily due to taking a sabbatical. We used a Barton Seagrave conveyancing practice in 2003 but they have closed 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?

Notwithstanding that your previous Barton Seagrave conveyancing solicitor is not around you can check your lease to check if it allows you to sublet the apartment. The rule is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you are obliged to obtain permission via your landlord or other appropriate person before subletting. This means that you cannot sublet without first obtaining consent. Such consent is not allowed to be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you will need to ask your landlord for their consent.

I have just appointed agents to market my garden flat in Barton Seagrave.Conveyancing is yet to be initiated but I have just had a yearly maintenance charge demand – Do I pay up?

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 managing agents will not acknowledge the buyer until 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.

Back In 2001, I bought a leasehold flat in Barton Seagrave. Conveyancing and Godiva Mortgages Ltd mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Barton Seagrave who previously acted has long since retired.Do I pay?

First make enquiries of HMLR to make sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Barton Seagrave conveyancing firm to do this as it can be done on-line for less than a fiver. 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.

What advice can you give us when it comes to choosing a Barton Seagrave conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Barton Seagrave conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Barton Seagrave conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• How familiar is the firm with lease extension legislation?

Can they put you in touch with client in Barton Seagrave who can give a testimonial?

Completion in due on the sale of our £125000 garden flat in Barton Seagrave on Wednesday in a week. The managing agents has quoted £408 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Barton Seagrave?

Barton Seagrave conveyancing on leasehold maisonettes nine out of ten times results in fees being levied by landlords agents :

• Completing pre-exchange questions
• Where consent is required before sale in Barton Seagrave
• Supplying insurance information
• 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 Barton Seagrave leasehold premises is £350. For Barton Seagrave 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 required to provide answers.

Barton Seagrave Conveyancing for Leasehold Flats - Examples of Questions you should ask before buying

It is important to be aware if redecorating or some other significant cost is pending to be shared between the leasehold owners and may well materially impact the level of the maintenance fees or require a one time payment. This information is useful as a) areas may result in problems in the block as the common areas may begin to deteriorate if maintenance remain unpaid b) if the leaseholders have a dispute with the managing agents you will want to know about it What is the length of the lease?

Other Topics

Lease Extensions in Barton Seagrave