My fiance and I may need to sub-let our Bourton on the Water garden flat temporarily due to taking a sabbatical. We instructed a Bourton on the Water conveyancing practice in 2001 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your previous Bourton on the Water conveyancing solicitor is not available you can review your lease to see if you are permitted to let out the apartment. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you need to seek permission from your landlord or some other party before subletting. This means you not allowed to sublet in the absence of prior consent. The consent is not allowed to be unreasonably refused ore delayed. If the lease prohibits you from subletting the property you should ask your landlord for their consent.

Planning to exchange soon on a garden flat in Bourton on the Water. Conveyancing solicitors assured me that they will have a report out to me tomorrow. What should I be looking out for?

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

• The physical extent of the demise. This will be the flat itself but may incorporate a loft or cellar if applicable.
• Setting out your rights in relation to common areas in the block.By way of example, does the lease include a right of way over a path or staircase?
• Do you need to have carpet in the flat or are you allowed wood flooring?
• Will you be prohibited or prevented from having pets in the property?
• Whether the lease restricts you from renting out the property, or having a home office for business
• 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
• What you can do if a neighbour is in violation of a provision in their lease?

I today plan to offer on a house that appears to tick a lot of boxes, at a great price which is making it all the more appealing. I have just found out that it's a leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Bourton on the Water. Conveyancing lawyers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Bourton on the Water ?

The majority of houses in Bourton on the Water are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Bourton on the Water in which case you should be looking for a Bourton on the Water conveyancing solicitor and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’sconsent to carry out changes to the property. It may be necessary to pay a service charge towards the upkeep of the estate where the property is located on an estate. Your solicitor will report to you on the legal implications.

I am employed by a long established estate agency in Bourton on the Water where we have witnessed a few leasehold sales put at risk as a result of short leases. I have been given contradictory information from local Bourton on the Water conveyancing solicitors. Can you shed some light as to whether the seller of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the disposal of the property.

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.

When it comes to leasehold conveyancing in Bourton on the Water what are the most frequent lease defects?

There is nothing unique about leasehold conveyancing in Bourton on the Water. Most leases is drafted differently and drafting errors can result in certain sections are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the building
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Accord Mortgages Ltd, Norwich and Peterborough Building Society, and TSB all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to withdraw.

Leasehold Conveyancing in Bourton on the Water - Sample of Queries before buying

In the main the outlay for major works are not included within service charges, although there some managing agents in Bourton on the Water ask tenants to contribute towards a sinking fund and this is used to offset against major repairs or maintenance. What prohibitions are contained in the Bourton on the Water Lease? It would be prudent to discover as much as you can concerning the company managing the building as they will either make your life much simpler or problematic. Being a leasehold owner you are often in the clutches of the managing agents both financially and when it comes to daily matters such as the cleanliness of the common parts. Enquire of other people if they are happy with their service. In conclusion, find out the dates that you are obliged pay the service charge to the relevant party and specifically what it includes.