Helen (my wife) and I may need to let out our Billericay 1st floor flat temporarily due to a career opportunity. We instructed a Billericay conveyancing practice in 2001 but they have closed and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

Some leases for properties in Billericay do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

Planning to complete next month on a studio apartment in Billericay. Conveyancing solicitors inform me that they will have a report out to me within the next couple of days. What should I be looking out for?

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

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord

Defining your legal entitlements in respect of common areas in the building.For instance, does the lease provide for a right of way over an accessway or hallways?

Are pets allowed in the flat?

Repair and maintenance of the flat

I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required

Responsibility for repairing the window frames

What options are open to you if a neighbour breach a clause of their lease? For details of the information to be contained in your report on your leasehold property in Billericay please enquire of your solicitor in ahead of your conveyancing in Billericay

I have just appointed agents to market my 2 bed apartment in Billericay.Conveyancing is yet to be initiated but I have just had a yearly service charge invoice – what should I do?

Your conveyancing lawyer is likely to suggest that you should clear 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 management companies will not acknowledge the buyer unless 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.

I've recently bought a leasehold house in Billericay. Do I have any liability for 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. However, your landlord may still be able to take action to forfeit the lease. A critical element 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).

If all goes to plan we aim to complete the disposal of our £300000 maisonette in Billericay next Tuesday . The freeholder has quoted £336 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Billericay?

For most leasehold sales in Billericay conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing pre-contract enquiries
• Where consent is required before sale in Billericay
• 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 Billericay leasehold premises is £350. For Billericay 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 obliged to supply answers.

Billericay Conveyancing for Leasehold Flats - Examples of Queries before Purchasing

You should be aware if it is fewer than eighty years it will affect the salability of the property. It is worth checking with your mortgage company that they are happy with remaining years on the lease. Leases with less than 80 years remaining means that you will almost definitely require a lease extension at some point and it is worth finding out what this will be. Remember, in most cases you would need to own the residence for two years in order to be eligible to carry out a lease extension. Many Billericay leasehold apartments will incur a service bill for maintenance of the block levied by the landlord. Where you acquire the apartment you will have to pay this contribution, usually periodically throughout the year. This could differ from two or three hundred pounds to thousands of pounds for buildings with lifts and large common grounds. In all likelihood there will be a ground rent to be met annual, ordinarily this is not a exorbitant amount, say around £50-£100 but you should to enquire as occasionally it could be many hundreds of pounds. What is the name of the managing agents?

Other Topics

Lease Extensions in Billericay