Jane (my partner) and I may need to rent out our Burnham Market garden flat for a while due to taking a sabbatical. We used a Burnham Market conveyancing firm in 2001 but they have closed and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Burnham Market do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see 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.

Expecting to complete next month on a basement flat in Burnham Market. Conveyancing lawyers have said that they report fully on Monday. Are there areas in the report that I should be focusing on?

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

• Does the lease require carpeting throughout thus preventing wood flooring?

You need to be told what counts as a Nuisance in the lease

Ground rent - how much and when you need to pay, and also know whether this will change in the future

An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has

Repair and maintenance of the flat

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.

The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For a comprehensive list of information to be contained in your report on your leasehold property in Burnham Market please enquire of your lawyer in ahead of your conveyancing in Burnham Market

I have just started marketing my ground floor apartment in Burnham Market.Conveyancing is yet to be initiated but I have just received a yearly service charge demand – Do I pay up?

The sensible thing to do is discharge the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I today plan to offer on a house that seems to meet my requirements, at a reasonable figure which is making it all the more appealing. I have since been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Burnham Market. Conveyancing solicitors have are about to be instructed. Will they explain the issues?

The majority of houses in Burnham Market are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Burnham Market so you should seriously consider looking for a Burnham Market conveyancing solicitor and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’spermission to carry out changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the house is located on an estate. Your solicitor should advise you fully on all the issues.

If all goes to plan we aim to complete the sale of our £250000 garden flat in Burnham Market next Friday . The landlords agents has quoted £372 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Burnham Market?

For the majority of leasehold sales in Burnham Market conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Addressing conveyancing due diligence questions
• Where consent is required before sale in Burnham Market
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Burnham Market leasehold premises is £350. For Burnham Market conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide the information.

Burnham Market Leasehold Conveyancing - A selection of Queries Prior to buying

Are any of leasehold owners in dispute over their service charge liability? Be sure to enquire if there are any onerous prohibitions in the lease. For example it is reasonably common in Burnham Market leases that pets are not permitted in in a block in Burnham Market. If you like the propertyin Burnham Market yet your dog can’t live with you then you will be presented with a difficult determination. It is important to be aware if fixing the lift or some other major work is due shortly to be shared between the leasehold owners and will dramatically impact the level of the maintenance charges or require a specific invoice.

Other Topics

Lease Extensions in Burnham Market