I want to let out my leasehold flat in Burnham. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Even though your previous Burnham conveyancing solicitor is no longer around you can review your lease to see if it allows you to sublet the premises. The accepted inference is that if the lease is non-specific, subletting is allowed. There may be a precondition that you need to seek consent via your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet without first obtaining consent. The consent must not not be unreasonably turned down. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

I am hoping to put an offer on a small detached house that appears to be perfect, at a great figure which is making it all the more appealing. I have since been informed that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Burnham. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Burnham ?

The majority of houses in Burnham are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in Burnham in which case you should be looking for a Burnham conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’sconsent to conduct alterations. You may also be required to pay a contribution towards the maintenance of the communal areas where the property is part of an estate. Your conveyancer will advise you fully on all the issues.

Back In 2009, I bought a leasehold flat in Burnham. Conveyancing and Skipton Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Burnham who previously acted has now retired.Do I pay?

First make enquiries of HMLR to make sure that this person is indeed the new freeholder. You do not need to incur the fees of a Burnham conveyancing practitioner to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am employed by a long established estate agent office in Burnham where we have experienced a few flat sales jeopardised due to leases having less than 80 years remaining. I have received conflicting advice from local Burnham conveyancing firms. Please can you clarify whether the owner of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has been the owner 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 sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord 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.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £225000 garden flat in Burnham next Monday . The managing agents has quoted £300 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Burnham?

Burnham conveyancing on leasehold apartments often involves the purchaser’s conveyancer submitting questions for the landlord to address. Although the landlord is not legally bound to respond to such questions the majority will be willing to assist. They are at liberty invoice a reasonable charge for responding to questions or supplying documentation. There is no set fee. The average costs for the information that you are referring to is £350, in some situations it is in excess of £800. The administration charge demanded by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration fees, otherwise the invoice is technically not due. In reality one has little option but to pay whatever is requested of you should you wish to sell the property.

Burnham Leasehold Conveyancing - Sample of Queries Prior to Purchasing

It is important to be aware whether changing the roof or some other significant cost is coming up that will be shared between the leasehold owners and will dramatically increase the the maintenance fees or necessitate a specific payment. Is there a share of the freehold? Its a good idea to find out as much as possible about the company managing the block as they will affect your use and enjoyment of the property. As the owner of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to daily issues such as the cleanliness of the communal areas. Ask prospective neighbours if they are happy with their service. On a final note, be sure you understand the dates that the maintenance charges are due to the managing agents and precisely what it includes.

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Lease Extensions in Burnham