I am in need of some leasehold conveyancing in Burton upon Stather. Before I get started I want to be sure as to the unexpired term of the lease.

If the lease is registered - and almost all are in Burton upon Stather - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I wish to let out my leasehold apartment in Burton upon Stather. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Some leases for properties in Burton upon Stather do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold 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.

There are only Seventy years unexpired on my lease in Burton upon Stather. I now wish to extend my lease but my landlord is missing. What options are available to me?

If you qualify, 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 lengthened by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to find the landlord. For most situations a specialist should be useful to try and locate and to produce a report to be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s absence and the vesting order request to the County Court covering Burton upon Stather.

If all goes to plan we aim to complete the disposal of our £450000 apartment in Burton upon Stather in 5 days. 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 exorbitant fees for a leasehold conveyance in Burton upon Stather?

Burton upon Stather conveyancing on leasehold flats nine out of ten times results in administration charges invoiced by landlords agents :

• Answering conveyancing due diligence questions
• Where consent is required before sale in Burton upon Stather
• 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 conveyancer will have no control over the level of the charges for this information but the average costs for the information for Burton upon Stather leasehold property is £350. For Burton upon Stather 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 required to supply answers.

What are the frequently found defects that you come across in leases for Burton upon Stather properties?

There is nothing unique about leasehold conveyancing in Burton upon Stather. Most leases is drafted differently and legal mistakes in the legal wording can result in certain clauses are wrong. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the building
• A duty to insure the building
• 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

A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Skipton Building Society, and Barclays Direct all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, forcing the purchaser to pull out.

Leasehold Conveyancing in Burton upon Stather - A selection of Questions you should ask before buying

Are any of leasehold owners in dispute over their service charge payments? Most Burton upon Stather leasehold flats will incur a service bill for the upkeep of the building set on behalf of the landlord. Should you acquire the property you will have to pay this charge, normally periodically throughout the year. This can vary from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all likelihood there will be a rentcharge to be met yearly, this is usually not a large figure, say around £50-£100 but you need to enquire as occasionally it could be many hundreds of pounds. On the whole the cost for major works are not built into the service charges, albeit that some managing agents in Burton upon Stather require leaseholders to pay into a sinking fund created for the specific purpose of building a fund for larger works.

Other Topics

Lease Extensions in Burton upon Stather