I am on look out for some leasehold conveyancing in Darnall. Before diving in I require certainty as to the unexpired term of the lease.

If the lease is registered - and 99.9% are in Darnall - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

My wife and I may need to sub-let our Darnall 1st floor flat for a while due to taking a sabbatical. We instructed a Darnall conveyancing firm in 2001 but they have since shut and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

Some leases for properties in Darnall do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience dictates 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 have recently realised that I have 62 years remaining on my lease in Darnall. I need to extend my lease but my landlord is can not be found. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application 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 Court. You will be obliged to demonstrate that you have done all that could be expected to find the freeholder. On the whole a specialist may be helpful to try and locate and to produce an expert document to be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s disappearance and the application to the County Court covering Darnall.

I am hoping to complete next month on a studio apartment in Darnall. Conveyancing lawyers inform me that they are sending me a report tomorrow. What should I be looking out for?

Your report on title for your leasehold conveyancing in Darnall should include some of the following:

• The total extent of the property. This will be the apartment itself but might include a roof space or basement if appropriate.

Does the lease prevent you from letting out the property, or having a home office for business

You should have a good understanding of the insurance provisions

Changes to the flat (alterations and additions)

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.

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 the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Darnall please enquire of your lawyer in ahead of your conveyancing in Darnall

All being well we will complete our sale of a £500000 flat in Darnall next week. The freeholder has quoted £300 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Darnall?

Darnall conveyancing on leasehold flats nine out of ten times necessitates administration charges levied by management companies :

• Answering pre-exchange enquiries
• Where consent is required before sale in Darnall
• 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 solicitor will have no control over the level of the charges for this information but the average costs for the information for Darnall leasehold premises is £350. For Darnall 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 the information.

Darnall Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

Is the freehold owned collectively by the leaseholders? Where a Darnall lease has fewer than eighty years it will have adverse implications on the salability of the apartment. It is worth checking with your bank that they are willing to go ahead with the loan given the lease term. A short lease means that you will probably require a lease extension sooner rather than later and it is worth finding out how much this will be. Remember, in most cases you would be be obliged to have owned the premises for a couple of years in order to be entitled to extend the lease. How much is the service charge and ground rent on the apartment?

Other Topics

Lease Extensions in Darnall