Jane (my partner) and I may need to rent out our Battle garden flat for a while due to a new job. We instructed a Battle conveyancing firm in 2002 but they have closed and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?

Even though your last Battle conveyancing solicitor is no longer available you can review your lease to see if it allows you to sublet the property. The accepted inference is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you must obtain permission from your landlord or some other party before subletting. This means you not allowed to sublet without first obtaining permission. Such consent should not be unreasonably refused ore delayed. If your lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.

Planning to exchange soon on a leasehold property in Battle. Conveyancing solicitors assured me that they are sending me a report within the next couple of days. What should I be looking out for?

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

• You should receive a copy of the lease

I own a leasehold house in Battle. Conveyancing and HSBC Bank mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Battle who previously acted has long since retired.What should I do?

First contact the Land Registry to make sure that the individual purporting to own the freehold is in fact the new freeholder. You do not need to incur the fees of a Battle conveyancing practitioner to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am attracted to a couple of flats in Battle which have approximately fifty years remaining on the leases. Will this present a problem?

There are plenty of short leases in Battle. The lease is a legal document that entitles you to use the premises for a period of time. As the lease gets shorter the marketability of the lease reduces and it becomes more costly to acquire a lease extension. This is why it is generally wise to extend the lease term. More often than not it is difficult to sell a property with a short lease because mortgage lenders may be unwilling to lend money on such properties. Lease extension can be a difficult process. We advise that you seek professional assistance from a conveyancer and surveyor with experience in this arena

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £375000 flat in Battle next Thursday . The managing agents has quoted £300 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Battle?

Battle conveyancing on leasehold maisonettes normally necessitates the purchaser’s lawyer sending questions for the landlord to address. Although the landlord is under no legal obligation to address such questions the majority will be content to do so. They may invoice a reasonable charge for responding to questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some situations it is above £800. The administration charge invoiced by the landlord must be accompanied by a summary of entitlements and obligations in respect of administration charges, without which the invoice is technically not due. In reality one has no option but to pay whatever is demanded should you wish to complete the sale of your home.

I am the registered owner of a garden flat in Battle, conveyancing formalities finalised 4 years ago. Can you give me give me an indication of the likely cost of a lease extension? Similar properties in Battle with over 90 years remaining are worth £229,000. The ground rent is £65 invoiced every year. The lease ends on 21st October 2076

You have 51 years remaining on your lease we estimate the price of your lease extension to be between £37,100 and £42,800 plus costs.

The suggested premium range above a general guide to costs for extending a lease, but we are not able to advice on the actual costs in the absence of detailed investigations. Do not use the figures in tribunal or court proceedings. There are no doubt other issues that need to be considered and you obviously should be as accurate as possible in your negotiations. Please do not take any other action based on this information before seeking the advice of a professional.

Other Topics

Lease Extensions in Battle