Helen (my wife) and I may need to let out our Driffield ground floor flat temporarily due to a career opportunity. We used a Driffield conveyancing practice in 2001 but they have closed and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?

Some leases for properties in Driffield do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review 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.

Having checked my lease I have discovered that there are only 62 years unexpired on my flat in Driffield. I am keen to get lease extension but my freeholder is missing. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to prove that you have done all that could be expected to track down the freeholder. On the whole an enquiry agent would be useful to try and locate and prepare an expert document which can be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court covering Driffield.

Expecting to exchange soon on a leasehold property in Driffield. Conveyancing solicitors assured me that they will have a report out to me on Monday. What should I be looking out for?

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

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

Setting out your rights in respect of common areas in the building.By way of example, does the lease permit a right of way over an accessway or hallways?

Does the lease prohibit wood flooring?

You must be told what constitutes a Nuisance in the lease

Whether your lease has a provision for a reserve fund?

Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?

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 For a comprehensive list of information to be contained in your report on your leasehold property in Driffield please ask your lawyer in ahead of your conveyancing in Driffield

Last month I purchased a leasehold house in Driffield. Do I have any liability for service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

All being well we will complete the disposal of our £425000 garden flat in Driffield on Tuesday in a week. The landlords agents has quoted £372 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Driffield?

Driffield conveyancing on leasehold flats nine out of ten times necessitates fees being raised by landlords agents :

• Completing conveyancing due diligence enquiries
• Where consent is required before sale in Driffield
• 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 lawyer will have no control over the level of the charges for this information but the average costs for the information for Driffield leasehold premises is £350. For Driffield 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 required to provide the information.

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

How many of the leaseholders are in arrears for their service charge payments? What is the yearly service fee and ground rent? Its a good idea to find out as much as possible regarding the company managing the building as they will impact your use and enjoyment of the property. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to practical matters like the cleanliness of the common parts. You should not be shy to ask prospective neighbours if they are happy with their management. In conclusion, be sure you understand the dates that the service charges are due to the appropriate party and specifically how they are spending the funds.

Other Topics

Lease Extensions in Driffield