Jane (my partner) and I may need to sub-let our Darnall 1st floor flat for a while due to a new job. We used a Darnall conveyancing firm in 2002 but they have since shut and we did not have the foresight to get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Darnall conveyancing solicitor is not around you can review your lease to see if it allows you to sublet the premises. The accepted inference is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to seek permission via your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet in the absence of prior permission. The consent should not be unreasonably turned down. If your lease does not allow you to sublet you will need to ask your landlord for their consent.

Due to complete next month on a ground floor flat in Darnall. Conveyancing solicitors assured me that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

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

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder

I am attracted to a couple of maisonettes in Darnall which have in the region of 50 years remaining on the lease term. should I be concerned?

There are plenty of short leases in Darnall. The lease is a legal document that entitles you to use the premises for a period of time. As a lease shortens the marketability of the lease reduces and it becomes more costly to extend the lease. This is why it is advisable to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease because mortgage lenders may be reluctant to lend money on properties of this type. Lease extension can be a difficult process. We advise that you get professional help from a solicitor and surveyor with experience in this area

Completion in due on our sale of a £200000 flat in Darnall next Monday . The landlords agents has quoted £384 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Darnall?

Darnall conveyancing on leasehold maisonettes often involves the buyer’s conveyancer sending questions for the landlord to answer. Although the landlord is under no legal obligation to respond to such questions the majority will be willing to assist. They may invoice a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some situations it is above £800. The management information fee required by the landlord must be sent together with a summary of rights and obligations in respect of administration fees, without which the invoice is not strictly payable. Reality however dictates that you have no choice but to pay whatever is requested of you should you wish to complete the sale of your home.

In relation to leasehold conveyancing in Darnall what are the most common lease defects?

There is nothing unique about leasehold conveyancing in Darnall. All leases are individual and drafting errors can sometimes mean that certain sections are missing. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the property
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

You may have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Leeds Building Society, and Aldermore all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to withdraw.

Leasehold Conveyancing in Darnall - Examples of Questions you should consider Prior to buying

The prefered form of lease arrangement is a share of the freehold. In this arrangement the lessees have being in charge if their destiny and although a managing agent is often retained if it is larger than a house conversion, the managing agent employed by the leaseholders. How many of the leaseholders are in arrears for their service charge payments? Is the freehold reversion owned collectively by the leaseholders?

Other Topics

Lease Extensions in Darnall