My fiance and I may need to sub-let our Battlesbridge ground floor flat for a while due to taking a sabbatical. We used a Battlesbridge conveyancing firm in 2003 but they have since shut and we did not think at the time get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your last Battlesbridge conveyancing lawyer is no longer around you can check your lease to see if you are permitted to let out the apartment. The rule is that if the lease is non-specific, subletting is permitted. There may be a precondition that you need to seek permission from your landlord or other appropriate person prior to subletting. This means you not allowed to sublet in the absence of first obtaining permission. Such consent should not be unreasonably withheld. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

I only have Sixty One years unexpired on my lease in Battlesbridge. I now wish to extend my lease but my freeholder is absent. What should I do?

If you meet the appropriate requirements, 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 granted an extra 90 years by the magistrate. However, you will be required to prove that you have done all that could be expected to track down the landlord. In some cases an enquiry agent should be helpful to carry out a search and to produce a report which can be accepted by the court as evidence that the landlord is indeed missing. It is wise to seek advice from a conveyancer both on proving the landlord’s disappearance and the application to the County Court covering Battlesbridge.

I've recently bought a leasehold flat in Battlesbridge. Am I liable to pay service charges for periods before my ownership?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Can you offer any advice when it comes to choosing a Battlesbridge conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for your lease extension (regardless if they are a Battlesbridge conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Battlesbridge conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• Can they put you in touch with client in Battlesbridge who can give a testimonial?

What are the charges for lease extension work?

We expect to complete the disposal of our £175000 apartment in Battlesbridge on Friday in a week. The freeholder has quoted £420 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Battlesbridge?

Battlesbridge conveyancing on leasehold flats nine out of ten times involves fees being levied by managing agents :

• Completing conveyancing due diligence enquiries
• Where consent is required before sale in Battlesbridge
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

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

Battlesbridge Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to buying

Make sure you investigate if there are any onerous prohibitions in the lease. By way of example it is very common in Battlesbridge leases that pets are not allowed in certain buildings in Battlesbridge. If you love the propertyin Battlesbridge but your dog can’t make the move with you then you have a very hard compromise. Who is in charge of the building? How many of the leaseholders are in arrears for their maintenance charge payments?

Other Topics

Lease Extensions in Battlesbridge