My partner and I may need to rent out our Chaddesden garden flat temporarily due to a new job. We instructed a Chaddesden conveyancing firm in 2002 but they have since shut and we did not think at the time get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Chaddesden conveyancing lawyer is no longer available you can check your lease to check if it allows you to sublet the property. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you are obliged to seek consent from your landlord or some other party in advance of subletting. The net result is that you cannot sublet without first obtaining permission. Such consent must not not be unreasonably withheld. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

Having checked my lease I have discovered that there are only Seventy years unexpired on my lease in Chaddesden. I now wish to extend my lease but my freeholder is missing. What options are available to me?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to track down the landlord. On the whole an enquiry agent should be helpful to conduct investigations and prepare an expert document to be used as proof that the landlord can not be located. It is advisable to get professional help from a conveyancer in relation to devolving into the landlord’s absence and the application to the County Court overseeing Chaddesden.

My wife and I purchased a leasehold house in Chaddesden. Conveyancing and The Royal Bank of Scotland mortgage are in place. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Chaddesden who acted for me is not around.Any advice?

First contact the Land Registry to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Chaddesden conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I've recently bought a leasehold flat in Chaddesden. Am I liable to pay service charges relating to a period prior to my ownership?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Can you offer any advice when it comes to appointing a Chaddesden conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Chaddesden conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Chaddesden conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• How experienced is the practice with lease extension legislation?

Chaddesden Leasehold Conveyancing - A selection of Queries before buying

The prefered form of lease structure is a share of the freehold. In this scenario the tenants benefit from control and although a managing agent is usually retained where it is larger than a house conversion, the managing agent is directed by the tenants. You should be aware if it is fewer than 80 years it will affect the value of the property. Check with your bank that they are content with residual term of the lease. A short lease means that you will probably have to extend the lease at some point and you need to have some idea of what this would cost. For most Chaddesdenlease extensions you will need to own the property for 24 months in order to be eligible to carry out a lease extension. Generally speaking the outlay for major works are not built into the service charges, albeit that a few managing agents in Chaddesden require leaseholders to contribute towards a sinking fund created for the specific intention of establishing a fund for major works.

Other Topics

Lease Extensions in Chaddesden