My fiance and I may need to let out our Dunstable garden flat for a while due to taking a sabbatical. We instructed a Dunstable conveyancing practice in 2003 but they have since shut and we did not think at the time get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your last Dunstable conveyancing solicitor is not available you can check your lease to check if you are permitted to let out the property. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you must obtain consent from your landlord or other appropriate person before subletting. The net result is you not allowed to sublet in the absence of first obtaining permission. The consent should not be unreasonably turned down. If your lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

I’m about to sell my garden apartment in Dunstable.Conveyancing lawyers have not yet been instructed but I have just had a yearly service charge invoice – Do I pay up?

The sensible thing to do is pay the invoice 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. Having a clear account will assist your cause and will leave you no worse off financially.

Back In 2008, I bought a leasehold house in Dunstable. Conveyancing and Clydesdale mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Dunstable who acted for me is not around.Any advice?

First contact the Land Registry to be sure that the individual claiming to own the freehold is indeed the new freeholder. It is not necessary to instruct a Dunstable conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am looking at a two flats in Dunstable which have in the region of forty five years remaining on the leases. Will this present a problem?

A lease is a right to use the premises for a period of time. As the lease gets shorter the value of the lease deteriorate and it becomes more costly to extend the lease. This is why it is often a good idea to extend the lease term. More often than not it is difficult to sell a property with a short lease as mortgage lenders may be unwilling to lend money on properties of this type. Lease enfranchisement can be a protracted process. We recommend you seek professional help from a conveyancer and surveyor with experience in this arena

What advice can you give us when it comes to choosing a Dunstable conveyancing firm to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Dunstable conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with several firms including non Dunstable conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:

• How familiar is the firm with lease extension legislation?

Leasehold Conveyancing in Dunstable - Examples of Questions you should ask Prior to buying

You should want to discover as much as possible concerning the company managing the block as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you will be at the mercy of the managing agents from a financial perspective and when it comes to practical matters such as the upkeep of the common parts. You should not be shy to ask prospective neighbours if they are happy with their service. Finally, find out the dates that you are obliged pay the service charge to the managing agents and precisely how they are spending the funds. How much is the service charge and ground rent on the apartment? Where a Dunstable lease has fewer than 80 years it will impact the value of the apartment. Check with your bank that they are happy with remaining years on the lease. Leases with less than 80 years remaining means that you will probably require a lease extension at some point and it is worth discovering how much this will be. Remember, in most cases you will be required to have owned the premises for two years before you are eligible to extend the lease.

Other Topics

Lease Extensions in Dunstable