My partner and I may need to let out our Beaufort ground floor flat for a while due to taking a sabbatical. We instructed a Beaufort conveyancing firm in 2004 but they have closed and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

Even though your previous Beaufort conveyancing solicitor is no longer around you can check your lease to see if it allows you to sublet the premises. The accepted inference is that if the lease is silent, subletting is permitted. There may be a precondition that you must seek consent via your landlord or some other party in advance of subletting. The net result is that you cannot sublet in the absence of first obtaining permission. Such consent must not not be unreasonably withheld. If your lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.

I only have 68 years remaining on my flat in Beaufort. 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 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 lengthened by the magistrate. However, you will be required to prove that you or your lawyers have used your best endeavours to track down the lessor. On the whole a specialist may be useful to try and locate and to produce a report which can be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the vesting order request to the County Court overseeing Beaufort.

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a great price which is making it all the more appealing. I have subsequently found out that it's a leasehold as opposed to freehold. I would have thought that there are issues purchasing a house with a leasehold title in Beaufort. Conveyancing lawyers have not yet been appointed. Will they explain the issues?

The majority of houses in Beaufort are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are buying in Beaufort so you should seriously consider shopping around for a Beaufort conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as obtaining the landlord’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the house is located on an estate. Your lawyer will appraise you on the various issues.

Last month I purchased a leasehold property in Beaufort. Am I liable to pay service charges relating to a period prior to 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. Strange as it may seem, 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 provide any advice for leasehold conveyancing in Beaufort from the perspective of speeding up the sale process?

• A significant proportion of the delay in leasehold conveyancing in Beaufort can be bypassed if you get in touch lawyers as soon as you market your property and request that they start to collate the leasehold information which will be required by the buyers representatives.
• The majority landlords or Management Companies in Beaufort levy fees for providing management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Beaufort.
• If there is a history of conflict with your freeholder or managing agents it is essential that these are settled before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as historic as opposed to unresolved.
• If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share document. Obtaining a new share certificate is often a time consuming process and slows down many a Beaufort conveyancing deal. Where a new share is necessary, you should approach the company director and secretary or managing agents (if relevant) for this sooner rather than later.
• You believe that you know the number of years remaining on your lease but you should verify this by asking your lawyers. A buyer’s lawyer will be unlikely to recommend their client to where the lease term is under 75 years. It is therefore essential at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

Beaufort Conveyancing for Leasehold Flats - Sample of Queries before buying

For many Beaufort leaseholds the outlay for major works tend not to be included within service charges, albeit that a few managing agents in Beaufort ask leasehold owners to pay into a reserve fund and this is used to offset against larger repairs or maintenance. Make sure you find out if there are any onerous prohibitions in the lease. For example plenty of leases prohibit pets being allowed in certain buildings in Beaufort. If you like the apartmentin Beaufort however your dog is not allowed to move with you then you will be faced hard compromise.