Frank (my husband) and I may need to let out our Bradmore ground floor flat temporarily due to a new job. We used a Bradmore conveyancing practice in 2003 but they have closed 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?

A small minority of properties in Bradmore do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse 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 consent.

I am hoping to complete next month on a leasehold property in Bradmore. Conveyancing lawyers assured me that they will have a report out to me within the next couple of days. What should I be looking out for?

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

• You should receive a copy of the lease

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a great price which is making it more attractive. I have subsequently found out that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a leasehold house in Bradmore. Conveyancing solicitors have are about to be instructed. Will they explain the issues?

Most houses in Bradmore are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Bradmore in which case you should be shopping around for a Bradmore conveyancing practitioner and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the maintenance of the estate where the property is located on an estate. Your solicitor will report to you on the legal implications.

If all goes to plan we aim to complete the sale of our £325000 apartment in Bradmore in just under a week. The management company has quoted £324 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Bradmore?

Bradmore conveyancing on leasehold maisonettes normally requires the buyer’s solicitor sending questions for the landlord to address. Although the landlord is under no legal obligation to address such questions the majority will be willing to assist. They may invoice a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some situations it exceeds £800. The administration charge invoiced by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration fees, otherwise the invoice is not strictly payable. Reality however dictates that you have little choice but to pay whatever is requested of you if you want to sell the property.

What are the frequently found problems that you witness in leases for Bradmore properties?

There is nothing unique about leasehold conveyancing in Bradmore. All leases are unique and drafting errors can result in certain clauses are not included. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the property
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You will have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Norwich and Peterborough Building Society, and Platform Home Loans Ltd all have very detailed requirements 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 grant the mortgage, forcing the buyer to withdraw.

Bradmore Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

Is there a share of the freehold? For many Bradmore leaseholds the cost for major works are not incorporated into the service charges, although a few managing agents in Bradmore require leasehold owners to contribute towards a reserve fund and this is used to offset against major works. Most Bradmore leasehold apartments will have a service bill for maintenance of the building set on behalf of the freeholder. Where you purchase the apartment you will have to pay this amount, usually in instalments throughout the year. This can be anything from a couple of hundred pounds to thousands of pounds for blocks with lifts and large communal areas. There will also be a ground rent for you to pay yearly, this is usually not a significant figure, say around £25-£75 but you should to enquire as occasionally it could be surprisingly expensive.

Other Topics

Lease Extensions in Bradmore