I wish to sublet my leasehold flat in Chaddesden. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Notwithstanding that your last Chaddesden conveyancing solicitor is no longer available you can check your lease to see if it allows you to sublet the property. The accepted inference is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you must obtain permission from your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet without prior permission. Such consent must not not be unreasonably turned down. If your lease prohibits you from subletting the property you will need to ask your landlord for their consent.

I have just started marketing my ground floor flat in Chaddesden.Conveyancing lawyers have not yet been instructed but I have just received a yearly service charge invoice – should I leave it to the buyer to sort out?

It best that you discharge the service charge 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 unless 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. Having a clear account will assist your cause and will leave you no worse off financially.

I've found a house that appears to tick a lot of boxes, at a great figure which is making it all the more appealing. I have since discovered that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Chaddesden. Conveyancing solicitors have are about to be appointed. Will they explain the issues?

Most houses in Chaddesden are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are purchasing in Chaddesden in which case you should be shopping around for a Chaddesden 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 leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as requiring the freeholder’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the house is located on an estate. Your conveyancer will appraise you on the various issues.

I am a negotiator for a long established estate agent office in Chaddesden where we have experienced a number of leasehold sales jeopardised as a result of short leases. I have received contradictory information from local Chaddesden conveyancing solicitors. Could you clarify whether the seller of a flat can start 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 kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

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 buyer.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £150000 maisonette in Chaddesden next Friday . The managing agents has quoted £372 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Chaddesden?

Chaddesden conveyancing on leasehold apartments typically results in administration charges levied by landlords agents :

• Completing pre-contract enquiries
• Where consent is required before sale in Chaddesden
• Supplying insurance information
• 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 Chaddesden leasehold property is £350. For Chaddesden 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 provide the information.

Chaddesden Leasehold Conveyancing - Sample of Queries Prior to buying

Who is in charge of the building? Please note if it is fewer than eighty years it will have adverse implications on the marketability of the apartment. It is worth checking with your lender that they are happy with remaining years on the lease. A short lease means that you will almost definitely require a lease extension at some point and it is worth finding out what this will be. Remember, in most cases you will be required to have been the owner of the property for 24 months before you are entitled to carry out a lease extension. Can you inform me if there are any major works in the planning that could add a premium to the maintenance costs?

Other Topics

Lease Extensions in Chaddesden