Helen (my wife) and I may need to sub-let our Dereham 1st floor flat for a while due to a career opportunity. We used a Dereham conveyancing practice in 2001 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

Your lease governs relations between the freeholder and you the leaseholder; specifically, it will say if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Dereham do not prevent subletting altogether – such a provision would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

I have recently realised that I have Sixty One years remaining on my lease in Dereham. I now wish to get lease extension but my freeholder is can not be found. What options are available to me?

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 made all reasonable attempts to track down the freeholder. For most situations an enquiry agent may be useful to carry out a search and prepare a report which can be used as proof that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing Dereham.

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have since found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Dereham. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Dereham ?

The majority of houses in Dereham are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are buying in Dereham in which case you should be shopping around for a Dereham conveyancing solicitor and check that they are used to advising on leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’sconsent to conduct changes to the property. You may also be required to pay a contribution towards the upkeep of the estate where the house is located on an estate. Your lawyer should advise you fully on all the issues.

I own a leasehold flat in Dereham. Conveyancing and Halifax mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1994. The conveyancing practitioner in Dereham who acted for me is not around.What should I do?

First contact HMLR to be sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to incur the fees of a Dereham conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Can you provide any advice for leasehold conveyancing in Dereham with the intention of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Dereham can be bypassed where you instruct lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the purchasers’ representatives.
• In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Dereham state that internal structural changes or installing wooden flooring require a licence issued by the Landlord acquiescing to such changes. Should you fail to have the consents to hand do not communicate with the landlord without contacting your lawyer before hand.

Dereham Conveyancing for Leasehold Flats - A selection of Questions you should consider before buying

Most Dereham leasehold flats will have a service charge for maintenance of the block set on behalf of the freeholder. Should you buy the flat you will have to meet this amount, usually periodically during the year. This may differ from a few hundred pounds to thousands of pounds for blocks with lifts and large common grounds. In all probability there will be a ground rent to be met annual, this is usually not a large figure, say approximately £50-£100 but you need to check as occasionally it can be surprisingly expensive. The answer will be useful as a) areas can result in problems for the block as the common areas may begin to deteriorate where services are not paid for b) if the leaseholders have a dispute with the managing agents you will want to have complete disclosure It is important to be aware if fixing the lift or some other significant cost is coming up to be shared by the tenants and will dramatically impact the level of the service costs or require a specific invoice.

Other Topics

Lease Extensions in Dereham