My partner and I may need to sub-let our Dunmow garden flat for a while due to taking a sabbatical. We instructed a Dunmow conveyancing firm in 2001 but they have since shut and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?

Notwithstanding that your last Dunmow conveyancing lawyer is no longer around you can check your lease to check if it allows you to sublet the property. The rule is that if the lease is non-specific, subletting is permitted. There may be a precondition that you are obliged to obtain consent from your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet in the absence of first obtaining consent. Such consent should not be unreasonably refused ore delayed. If your lease does not allow you to sublet you should ask your landlord for their consent.

I’m about to sell my ground floor apartment in Dunmow.Conveyancing is yet to be initiated but I have just had a quarterly service charge demand – Do I pay up?

The sensible thing to do is clear the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I've found a house that appears to be perfect, at a reasonable price which is making it all the more appealing. I have just been informed that the title is leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Dunmow. Conveyancing advisers have are about to be instructed. Will they explain the issues?

Most houses in Dunmow are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are buying in Dunmow in which case you should be looking for a Dunmow conveyancing practitioner and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the freeholder’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the property is part of an estate. Your conveyancer will appraise you on the various issues.

All being well we will complete the sale of our £450000 flat in Dunmow next Monday . The landlords agents has quoted £348 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Dunmow?

Dunmow conveyancing on leasehold flats ordinarily involves fees being invoiced by landlords agents :

• Addressing pre-exchange enquiries
• Where consent is required before sale in Dunmow
• Supplying insurance information
• 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 Dunmow leasehold property is £350. For Dunmow 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.

In relation to leasehold conveyancing in Dunmow what are the most common lease problems?

There is nothing unique about leasehold conveyancing in Dunmow. All leases are individual and drafting errors can sometimes mean that certain clauses are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the property
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You may encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Halifax, Bank of Scotland, and Clydesdale 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 is defective they may refuse to provide security, obliging the purchaser to pull out.

Dunmow Leasehold Conveyancing - Examples of Questions you should consider before buying

Best to be warned if a new roof is being installed or some other significant cost is due in the near future to be shared by the leaseholders and could well dramatically increase the the service charges or necessitate a specific invoice. The prefered form of lease structure is where the freehold interest is owned by the leaseholders. In this arrangement the lessees enjoy being in charge if their destiny and although a managing agent is frequently employed if the building is bigger than a house conversion, the managing agent is directed by the tenants. Who manages the block?

Other Topics

Lease Extensions in Dunmow