I want to sublet my leasehold flat in Ditchling. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

The lease governs the relationship between the freeholder and you the flat owner; specifically, it will say if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Ditchling do not prevent subletting altogether – such a clause would adversely affect the market value the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.

Having checked my lease I have discovered that there are only Seventy years remaining on my lease in Ditchling. I now wish to extend my lease but my landlord is missing. What are my options?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to locate the freeholder. In some cases an enquiry agent may be helpful to try and locate and prepare an expert document to be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer both on investigating the landlord’s absence and the application to the County Court overseeing Ditchling.

Can you provide any top tips for leasehold conveyancing in Ditchling with the aim of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Ditchling can be reduced if you appoint lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the buyers solicitors.
• Many freeholders or Management Companies in Ditchling levy fees for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Ditchling.

In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Ditchling state that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord acquiescing to such works. If you fail to have the approvals in place do not communicate with the landlord without contacting your solicitor first.

If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share certificate. Organising a re-issued share certificate is often a lengthy process and delays many a Ditchling home move. If a duplicate share is necessary, you should approach the company officers or managing agents (if relevant) for this at the earliest opportunity.

You may think that you are aware of the number of years remaining on your lease but it would be wise to double-check by asking your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is less than 80 years. It is therefore important at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

All being well we will complete our sale of a £300000 maisonette in Ditchling next week. The freeholder has quoted £420 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Ditchling?

Ditchling conveyancing on leasehold apartments ordinarily results in administration charges levied by landlords agents :

• Addressing pre-exchange enquiries
• Where consent is required before sale in Ditchling
• 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 Ditchling leasehold property is £350. For Ditchling 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 provide the information.

What are the frequently found defects that you encounter in leases for Ditchling properties?

There is nothing unique about leasehold conveyancing in Ditchling. All leases is drafted differently and legal mistakes in the legal wording can result in certain provisions are not included. 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
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You will have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, Norwich and Peterborough Building Society, and Barclays Direct all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, obliging the purchaser to pull out.

Ditchling Leasehold Conveyancing - Examples of Queries before Purchasing

This information is important as a) areas can cause problems for the building as the common areas may start to deteriorate where repairs remain unpaid b) if the leaseholders have an issue with the managing agents you will want to have complete disclosure The prefered form of lease structure is where the freehold title is in the ownership of the leaseholders. In this arrangement the tenants benefit from control and even though a managing agent is frequently retained if the building is larger than a house conversion, the managing agent employed by the leaseholders. It is important to be aware if a new roof is being installed or some other major work is due in the near future that will be shared amongst the leaseholders and could well dramatically increase the the maintenance fees or require a specific invoice.

Other Topics

Lease Extensions in Ditchling