My fiance and I may need to sub-let our Bracknell ground floor flat temporarily due to a career opportunity. We instructed a Bracknell conveyancing firm in 2002 but they have closed and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

The lease governs the relationship between the freeholder and you the leaseholder; in particular, it will indicate if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Bracknell do not contain an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.

I only have Seventy years remaining on my lease in Bracknell. I am keen to extend my lease but my freeholder is can not be found. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to find the freeholder. On the whole an enquiry agent should be useful to carry out a search and prepare an expert document which can be used as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor both on proving the landlord’s absence and the application to the County Court overseeing Bracknell.

I've found a house that seems to tick a lot of boxes, at a great price which is making it all the more appealing. I have just found out that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a leasehold house in Bracknell. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Bracknell ?

Most houses in Bracknell 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 apparent that you are buying in Bracknell so you should seriously consider shopping around for a Bracknell conveyancing practitioner and be sure that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the property is part of an estate. Your lawyer will advise you fully on all the issues.

Back In 2009, I bought a leasehold flat in Bracknell. Conveyancing and Britannia mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Bracknell who previously acted has now retired.What should I do?

First make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Bracknell conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am tempted by the attractive purchase price for a two maisonettes in Bracknell both have about fifty years left on the lease term. Will this present a problem?

There are plenty of short leases in Bracknell. The lease is a legal document that entitles you to use the premises for a prescribed time frame. As a lease shortens the saleability of the lease deteriorate and results in it becoming more costly to acquire a lease extension. This is why it is often a good idea to increase the term of the lease. It is often difficult to sell a property with a short lease because mortgage companies may be unwilling to lend money on properties of this type. Lease extension can be a protracted process. We recommend you seek professional help from a solicitor and surveyor with experience in this area

Bracknell Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to buying

This question is important as a) areas could result in problems for the block as the communal areas may begin to deteriorate if repairs remain unpaid b) if the leasehold owners have a dispute with the managing agents you will wish to know about it Plenty Bracknell leasehold properties will be liable to pay a service bill for the upkeep of the block set on behalf of the landlord. If you purchase the property you will have to meet this charge, normally periodically accross the year. This may vary from two or three hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. In all likelihood there will be a rentcharge to be met yearly, ordinarily this is not a large figure, say around £50-£100 but you need to check as on occasion it could be prohibitively expensive. The prefered form of lease arrangement is where the freehold title is in the ownership of the leaseholders. In this scenario the tenants have being in charge if their destiny and even though a managing agent is frequently employed where the building is bigger than a house conversion, the managing agent retained by the leaseholders.