Helen (my wife) and I may need to sub-let our Cotham garden flat temporarily due to a new job. We used a Cotham conveyancing practice in 2001 but they have since shut and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?

A small minority of properties in Cotham do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review 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 permission.

I only have Seventy years unexpired on my lease in Cotham. I now wish to get lease extension but my freeholder is absent. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to prove that you have made all reasonable attempts to find the lessor. On the whole an enquiry agent would be useful to conduct investigations and prepare a report to be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the vesting order request to the County Court covering Cotham.

I've found a house that seems to be perfect, at a great figure which is making it more attractive. I have since been informed that the title is leasehold rather than freehold. I would have thought that there are issues buying a leasehold house in Cotham. Conveyancing lawyers have not yet been instructed. Will they explain the issues?

The majority of houses in Cotham are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Cotham so you should seriously consider looking for a Cotham conveyancing solicitor and be sure that they are used to transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example obtaining the landlord’spermission to carry out alterations. It may be necessary to pay a contribution towards the maintenance of the estate where the house is located on an estate. Your solicitor should report to you on the legal implications.

I've recently bought a leasehold flat in Cotham. Am I liable to pay service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, 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 ensure 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).

Do you have any advice for leasehold conveyancing in Cotham from the perspective of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Cotham can be avoided if you instruct lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the buyers solicitors.
• Some Cotham leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.

Cotham Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to Purchasing

How is the lease structured? Plenty Cotham leasehold flats will be liable to pay a service charge for the upkeep of the building invoiced on behalf of the landlord. Where you buy the flat you will have to meet this liability, usually quarterly throughout the year. This may vary from two or three hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. There will also be a rentcharge to be met annual, normally this is not a large sum, say approximately £25-£75 but you should to check as sometimes it could be many hundreds of pounds. If a Cotham lease has less than 80 years it will impact the marketability of the property. Check with your lender that they are willing to go ahead with the loan given the lease term. Leases with less than 80 years remaining means that you will most likely have to extend the lease sooner rather than later and it is worth discovering what this would cost. Remember, in most cases you will be required to have been the owner of the premises for 24 months before you are legally able to exercise a lease extension.

Other Topics

Lease Extensions in Cotham