I am intending to sublet my leasehold flat in Carterton. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Notwithstanding that your previous Carterton conveyancing lawyer is not around you can review your lease to check if you are permitted to let out the premises. The rule is that if the lease is silent, subletting is permitted. There may be a precondition that you must seek permission via your landlord or other appropriate person prior to subletting. This means that you cannot sublet without prior consent. The consent must not not be unreasonably withheld. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

I have just started marketing my 2 bed flat in Carterton.Conveyancing lawyers have not yet been instructed but I have just received a quarterly service charge invoice – Do I pay up?

It best that you 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 management companies 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 am hoping to put an offer on a small detached house that appears to be perfect, at a great price which is making it all the more appealing. I have just been informed that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Carterton. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Carterton ?

Most houses in Carterton are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Carterton in which case you should be looking for a Carterton conveyancing practitioner and be sure that they are used to 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 such as requiring the freeholder’spermission to conduct changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your lawyer will advise you fully on all the issues.

My wife and I purchased a leasehold house in Carterton. Conveyancing and Birmingham Midshires mortgage organised. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Carterton who acted for me is not around.Do I pay?

The first thing you should do is contact the Land Registry to make sure that the individual claiming to own the freehold is indeed the new freeholder. It is not necessary to instruct a Carterton conveyancing solicitor to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

All being well we will complete the disposal of our £325000 maisonette in Carterton next week. The management company has quoted £336 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Carterton?

Carterton conveyancing on leasehold apartments typically results in fees being invoiced by landlords agents :

• Addressing pre-exchange questions
• Where consent is required before sale in Carterton
• 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 Carterton leasehold premises is £350. For Carterton 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 supply answers.

Leasehold Conveyancing in Carterton - Examples of Queries before buying

Make sure you enquire if there are any onerous prohibitions in the lease. By way of example it is very common in Carterton leases that pets are not permitted in in a block in Carterton. If you love the propertyin Carterton but your cat can’t make the move with you then you will be presented with a hard compromise. What restrictions are contained in the Carterton Lease? It is important to be aware whether fixing the lift or some other major work is coming up that will be shared between the leaseholders and could well dramatically increase the the maintenance fees or necessitate a one time invoice.

Other Topics

Lease Extensions in Carterton