Frank (my husband) and I may need to sub-let our Brackla basement flat temporarily due to a career opportunity. We used a Brackla conveyancing firm in 2003 but they have since shut and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?

Some leases for properties in Brackla do contain a provision to say that subletting is only permitted with prior consent from the landlord. 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 consent.

I have recently realised that I have 72 years left on my flat in Brackla. I am keen to get lease extension but my landlord is can not be found. What should I do?

If 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 lengthened by the magistrate. However, you will be required to prove that you have made all reasonable attempts to find the lessor. In some cases an enquiry agent may be helpful to carry out a search and prepare a report which can be accepted by the court as proof that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Brackla.

What are your top tips when it comes to choosing a Brackla conveyancing firm to carry out our lease extension conveyancing?

When appointing a property lawyer for lease extension works (regardless if they are a Brackla conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Brackla conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• If they are not ALEP accredited then why not?

Can they put you in touch with client in Brackla who can give a testimonial?

Completion in due on the disposal of our £375000 garden flat in Brackla next Friday . The management company has quoted £420 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 Brackla?

Brackla conveyancing on leasehold apartments typically necessitates administration charges levied by management companies :

• Completing pre-exchange enquiries
• Where consent is required before sale in Brackla
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Brackla leasehold property is £350. For Brackla 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 provide the information.

Are there frequently found defects that you come across in leases for Brackla properties?

There is nothing unique about leasehold conveyancing in Brackla. Most leases are individual and drafting errors can result in certain sections are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the building
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Yorkshire Building Society, Barnsley Building Society, and Bank of Ireland all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, forcing the buyer to withdraw.

Brackla Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing

On the whole the cost for major works tend not to be incorporated into the maintenance charges, although there some managing agents in Brackla ask tenants to contribute towards a reserve fund and this is used to offset against major works. The best form of lease arrangement is a share of the freehold. In this scenario the tenants have being in charge if their destiny and notwithstanding that a managing agent is usually employed if it is larger than a house conversion, the managing agent acts for the leaseholders themselves. It is important to be aware if a new roof is being installed or some other major work is due shortly that will be shared amongst the tenants and could well materially impact the level of the maintenance costs or necessitate a one time invoice.

Other Topics

Lease Extensions in Brackla