I am on look out for some leasehold conveyancing in Bottesford. Before diving in I require certainty as to the unexpired term of the lease.

If the lease is recorded at the land registry - and almost all are in Bottesford - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Jane (my partner) and I may need to sub-let our Bottesford ground floor flat for a while due to a career opportunity. We instructed a Bottesford conveyancing firm in 2002 but they have closed and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your last Bottesford conveyancing lawyer is no longer available you can check your lease to see if it allows you to sublet the premises. The rule is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain consent from your landlord or some other party before subletting. The net result is you not allowed to sublet in the absence of prior permission. Such consent must not not be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

I am a negotiator for a busy estate agency in Bottesford where we see a number of flat sales jeopardised as a result of short leases. I have received inconsistent advice from local Bottesford conveyancing solicitors. Could you confirm whether the seller of a flat can initiate the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder 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 purchaser.

Can you offer any advice when it comes to appointing a Bottesford conveyancing firm to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Bottesford conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Bottesford conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

• If the firm is not ALEP accredited then what is the reason?

If all goes to plan we aim to complete our sale of a £225000 apartment in Bottesford next Wednesday . The managing agents has quoted £396 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Bottesford?

Bottesford conveyancing on leasehold flats more often than not necessitates the buyer’s conveyancer sending enquiries for the landlord to address. Although the landlord is under no legal obligation to address these enquiries most will be content to assist. They may levy a reasonable charge for responding to enquiries or supplying documentation. There is no set fee. The average costs for the information that you are referring to is £350, in some situations it exceeds £800. The administration charge demanded by the landlord must be accompanied by a summary of entitlements and obligations in respect of administration fees, without which the invoice is not strictly payable. In reality you have no option but to pay whatever is demanded if you want to exchange contracts with the buyer.

Leasehold Conveyancing in Bottesford - Examples of Queries before buying

Its a good idea to find out as much as you can concerning the managing agents as they will either make your living at the property much easier or problematic. Being a leasehold owner you are often in the clutches of the managing agents both financially and when it comes to day to day matters like the upkeep of the common parts. You should not be afraid to ask other people whether they are happy with their service. On a final note, investigate as to the dates that the service charges are due to the appropriate party and precisely what it includes. What is the the remaining lease term? Generally speaking the outlay for major works are not included within service charges, albeit that there some managing agents in Bottesford obliged leaseholders to contribute towards a reserve fund and this is used to offset against major repairs or maintenance.

Other Topics

Lease Extensions in Bottesford