I am intending to let out my leasehold flat in Bishops Cleeve. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Some leases for properties in Bishops Cleeve 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 suggests 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.

There are only Sixty One years unexpired on my lease in Bishops Cleeve. I need to get lease extension but my landlord is absent. What should I do?

On the basis that you qualify, 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 enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to prove that you have used your best endeavours to locate the lessor. On the whole a specialist would be helpful to carry out a search and to produce an expert document which can be used as proof that the landlord can not be located. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s absence and the application to the County Court overseeing Bishops Cleeve.

Planning to complete next month on a garden flat in Bishops Cleeve. Conveyancing lawyers inform me that they report fully tomorrow. What should I be looking out for?

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

• The physical extent of the property. This will be the property itself but might include a roof space or basement if applicable.
• Do you need to have carpet in the flat or are you allowed wood flooring?
• Are pets allowed in the flat?
• Ground rent - how much and when you need to pay, and also know whether this will change in the future
• Whether your lease has a provision for a sinking fund?
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
• What options are open to you if a neighbour is in violation of a provision in their lease?

My wife and I purchased a leasehold flat in Bishops Cleeve. Conveyancing and Leeds Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Bishops Cleeve who acted for me is not around.What should I do?

First make enquiries of the Land Registry to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Bishops Cleeve conveyancing lawyer to do this as you can do this on the Land Registry website for £3. You should note that in any event, 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 a negotiator for a reputable estate agent office in Bishops Cleeve where we see a number of flat sales jeopardised due to leases having less than 80 years remaining. I have been given contradictory information from local Bishops Cleeve conveyancing firms. Could you confirm whether the owner of a flat can commence the lease extension formalities for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Bishops Cleeve Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to Purchasing

Plenty Bishops Cleeve leasehold properties will be liable to pay a service charge for the upkeep of the building levied on behalf of the freeholder. If you buy the property you will have to meet this liability, usually quarterly throughout the year. This could be anything from a couple of hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. There will also be a ground rent to be met yearly, this is usually not a large amount, say about £50-£100 but you need to enquire it because sometimes it could be many hundreds of pounds. What is the the remaining lease term?