I would like to sublet my leasehold apartment in Battle. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Notwithstanding that your previous Battle conveyancing lawyer is not around you can check your lease to check if you are permitted to let out the premises. The accepted inference is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain permission from your landlord or some other party in advance of subletting. This means that you cannot sublet without first obtaining permission. Such consent is not allowed to be unreasonably withheld. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

I have recently realised that I have 62 years remaining on my lease in Battle. I now want to get lease extension but my landlord is absent. What options are available to me?

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 enable the lease to be lengthened by the magistrate. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to track down the landlord. In some cases a specialist should be useful to try and locate and prepare a report which can be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s absence and the vesting order request to the County Court overseeing Battle.

I am hoping to sign contracts shortly on a ground floor flat in Battle. Conveyancing solicitors assured me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?

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

• Defining your legal entitlements in respect of the communal areas in the building.E.G., does the lease contain a right of way over a path or staircase?

Will you be prohibited or prevented from having pets in the property?

Whether your lease has a provision for a sinking fund?

You should have a good understanding of the insurance provisions

Changes to the flat (alterations and additions)

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.

Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice? For a comprehensive list of information to be contained in your report on your leasehold property in Battle please enquire of your solicitor in advance of your conveyancing in Battle

I am attracted to a couple of maisonettes in Battle which have about forty five years unexpired on the lease term. should I be concerned?

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 saleability of the lease decreases and it becomes more expensive to extend the lease. For this reason it is generally wise to increase the term of the lease. More often than not it is difficult to sell a property with a short lease because mortgage companies may be unwilling to lend money on properties of this type. Lease enfranchisement can be a protracted process. We advise that you get professional help from a conveyancer and surveyor with experience in this area

Completion in due on the sale of our £425000 maisonette in Battle in nine days. The landlords agents has quoted £360 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Battle?

Battle conveyancing on leasehold maisonettes usually results in administration charges levied by management companies :

• Answering pre-exchange enquiries
• Where consent is required before sale in Battle
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Battle leasehold property is £350. For Battle 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 the information.

Battle Conveyancing for Leasehold Flats - Sample of Questions you should consider before Purchasing

In the main the outlay for major works tend not to be included within maintenance charges, although some managing agents in Battle require leaseholders to pay into a reserve fund and this is used to offset against major repairs or maintenance. What prohibitions are contained in the Battle Lease? Make sure you discover if the the lease contains any adverse restrictions in the lease. For example plenty of leases prohibit pets being permitted in in a block in Battle. If you like the apartmentin Battle however your cat can’t move with you then you will be presented with a difficult choice.

Other Topics

Lease Extensions in Battle