Harry (my fiance) and I may need to sub-let our Bridport ground floor flat temporarily due to taking a sabbatical. We instructed a Bridport conveyancing firm in 2002 but they have closed 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?

Your lease dictates the relationship between the freeholder and you the flat owner; specifically, it will set out 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 Bridport do not contain an absolute prevention of subletting – such a clause would adversely affect the market value the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

Planning to sign contracts shortly on a basement flat in Bridport. Conveyancing solicitors inform me that they are sending me a report next week. Are there areas in the report that I should be focusing on?

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

• The physical extent of the demise. This will be the property itself but could also include a roof space or cellar if applicable.

I am employed by a busy estate agent office in Bridport where we have experienced a few flat sales derailed due to short leases. I have received contradictory information from local Bridport conveyancing solicitors. Can you shed some light as to whether the vendor of a flat can start the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 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 sale.

Alternatively, it may be possible to agree the lease extension with the freeholder 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 purchaser.

What are your top tips when it comes to choosing a Bridport conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Bridport conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Bridport 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 useful:

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

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £500000 maisonette in Bridport in just under a week. The freeholder has quoted £312 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Bridport?

Bridport conveyancing on leasehold maisonettes more often than not involves the purchaser’s lawyer submitting questions for the landlord to answer. Although the landlord is not legally bound to address these enquiries most will be willing to do so. They are at liberty invoice a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The management information fee levied by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration fees, otherwise the charge is technically not due. Reality however dictates that one has no choice but to pay whatever is requested of you should you wish to exchange contracts with the buyer.

Bridport Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing

For many Bridport leaseholds the outlay for major works tend not to be built into the maintenance charges, albeit that there some managing agents in Bridport ask leaseholders to pay into a reserve fund and this is used to offset against major works. It would be wise to discover if the the lease includes any onerous restrictions in the lease. For example plenty of leases prohibit pets being permitted in certain buildings in Bridport. If you like the apartmentin Bridport however your dog is not allowed to move with you then you will be faced difficult decision. How many of the leaseholders are in arrears for their service charge payments?

Other Topics

Lease Extensions in Bridport