Frank (my husband) and I may need to sub-let our Braunstone basement flat for a while due to a career opportunity. We used a Braunstone conveyancing practice in 2004 but they have since shut and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

Notwithstanding that your previous Braunstone conveyancing solicitor is no longer around you can check your lease to see if it allows you to sublet the apartment. The accepted inference is that if the deeds are silent, subletting is permitted. There may be a precondition that you must obtain permission from your landlord or other appropriate person prior to subletting. This means that you cannot sublet in the absence of prior permission. The consent should not be unreasonably withheld. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

I have recently realised that I have Sixty One years left on my lease in Braunstone. I now want to extend my lease but my landlord is missing. What should I do?

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 an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to locate the lessor. For most situations an enquiry agent would be helpful to carry out a search and to produce a report which can be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a conveyancer both on proving the landlord’s absence and the vesting order request to the County Court overseeing Braunstone.

I've found a house that appears to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have just discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Braunstone. Conveyancing solicitors have are soon to be instructed. Will they explain the issues?

Most houses in Braunstone are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in Braunstone in which case you should be looking for a Braunstone conveyancing practitioner and check that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is located on an estate. Your lawyer should appraise you on the various issues.

Back In 2001, I bought a leasehold house in Braunstone. Conveyancing and The Royal Bank of Scotland mortgage organised. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Braunstone who acted for me is not around.Do I pay?

First contact the Land Registry to make sure that the individual purporting to own the freehold is in fact the new freeholder. There is no need to instruct a Braunstone conveyancing practitioner to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

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

When appointing a property lawyer for lease extension works (regardless if they are a Braunstone conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Braunstone conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• If they are not ALEP accredited then why not?

Braunstone Leasehold Conveyancing - Examples of Questions you should ask before Purchasing

Are there any major works on the horizon that will likely add a premium to the maintenance costs? Most Braunstone leasehold properties will incur a service charge for maintenance of the building levied by the freeholder. Where you acquire the apartment you will have to pay this charge, normally quarterly during the year. This could differ from two or three hundred pounds to thousands of pounds for bigger purpose-built buildings. In all probability there will be a ground rent to be met annual, ordinarily this is not a exorbitant amount, say approximately £50-£100 but you need to check it because on occasion it can be many hundreds of pounds. Make sure you find out if there is anything that is prohibited in the lease. For instance it is fairly common in Braunstone leases that pets are not allowed in certain buildings in Braunstone. If you like the apartmentin Braunstone however your dog is not allowed to move with you then you will be faced difficult determination.

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Lease Extensions in Braunstone