My wife and I may need to sub-let our Darley Abbey basement flat for a while due to a new job. We instructed a Darley Abbey conveyancing practice in 2003 but they have closed and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your last Darley Abbey conveyancing lawyer is no longer around you can check your lease to see if you are permitted to let out the premises. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you need to seek consent from your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet in the absence of first obtaining permission. Such consent should not be unreasonably turned down. If the lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

I am hoping to sign contracts shortly on a garden flat in Darley Abbey. Conveyancing solicitors have said that they are sending me a report next week. What should I be looking out for?

The report on title for your leasehold conveyancing in Darley Abbey should include some of the following:

• Setting out your rights in respect of the communal areas in the block.For instance, does the lease contain a right of way over an accessway or staircase?

Does the lease require carpeting throughout thus preventing wood flooring?

Ground rent - how much and when you need to pay, and also know whether this is subject to change

Whether your lease has a provision for a reserve fund?

You should have a good understanding of the insurance provisions

The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building

What options are open to you if a neighbour breach a clause of their lease? For details of the information to be included in your report on your leasehold property in Darley Abbey please ask your lawyer in advance of your conveyancing in Darley Abbey

My wife and I purchased a leasehold house in Darley Abbey. Conveyancing and Bank of Ireland mortgage organised. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1994. The conveyancing practitioner in Darley Abbey who previously acted has long since retired.What should I do?

First contact the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Darley Abbey conveyancing practitioner to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What are your top tips when it comes to appointing a Darley Abbey conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a property lawyer for lease extension works (regardless if they are a Darley Abbey conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Darley Abbey conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

• Can they put you in touch with client in Darley Abbey who can give a testimonial?

What are the costs for lease extension conveyancing?

All being well we will complete the disposal of our £200000 apartment in Darley Abbey in just under a week. The management company has quoted £408 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Darley Abbey?

Darley Abbey conveyancing on leasehold maisonettes normally involves administration charges raised by landlords agents :

• Addressing conveyancing due diligence enquiries
• Where consent is required before sale in Darley Abbey
• 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 Darley Abbey leasehold premises is £350. For Darley Abbey 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.

Darley Abbey Leasehold Conveyancing - Examples of Questions you should consider Prior to buying

In the main the outlay for major works are not incorporated into the service charges, albeit that a few managing agents in Darley Abbey obliged tenants to pay into a sinking fund and this is used to offset against major repairs or maintenance. Are there any major works anticipated that could add a premium to the service charges? Does the lease contain onerous restrictions?

Other Topics

Lease Extensions in Darley Abbey