Jane (my partner) and I may need to sub-let our Eccleston and St Helens 1st floor flat temporarily due to a new job. We used a Eccleston and St Helens conveyancing practice in 2004 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?

Notwithstanding that your last Eccleston and St Helens conveyancing solicitor is not available you can review your lease to see if you are permitted to let out the property. The rule is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you need to seek permission via your landlord or some other party in advance of subletting. The net result is that you cannot sublet without first obtaining consent. Such consent should not be unreasonably withheld. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

Expecting to exchange soon on a studio apartment in Eccleston and St Helens. Conveyancing solicitors inform me that they are sending me a report tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in Eccleston and St Helens should include some of the following:

• How long the lease is You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark

I've found a house that appears to be perfect, at a reasonable figure which is making it all the more appealing. I have subsequently been informed that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Eccleston and St Helens. Conveyancing advisers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Eccleston and St Helens ?

Most houses in Eccleston and St Helens are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Eccleston and St Helens in which case you should be looking for a Eccleston and St Helens conveyancing practitioner and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’sconsent to carry out alterations. You may also be required to pay a contribution towards the upkeep of the communal areas where the house is located on an estate. Your solicitor should appraise you on the various issues.

I am looking at a two maisonettes in Eccleston and St Helens both have about forty five years remaining on the leases. Should I regard a short lease as a deal breaker?

A lease is a legal document that entitles you to use the premises for a period of time. As a lease gets shorter the saleability of the lease deteriorate and results in it becoming more costly to acquire a lease extension. For this reason it is generally wise to extend the lease term. More often than not it is difficulties arise selling premises with a short lease as mortgage companies may be unwilling to lend money on properties of this type. Lease enfranchisement can be a protracted process. We advise that you get professional assistance from a conveyancer and surveyor with experience in this arena

What makes a Eccleston and St Helens lease problematic?

There is nothing unique about leasehold conveyancing in Eccleston and St Helens. Most leases are unique and drafting errors can result in certain clauses are wrong. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the premises
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

You may 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. Lloyds TSB Bank, The Royal Bank of Scotland, and Godiva Mortgages Ltd all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the purchaser to pull out.

Eccleston and St Helens Conveyancing for Leasehold Flats - Sample of Questions you should consider before buying

Are there any major works in the near future that could increase the maintenance costs? Make sure you investigate if the the lease contains any unreasonable restrictions in the lease. By way of example it is very common in Eccleston and St Helens leases that pets are not permitted in certain buildings in Eccleston and St Helens. If you love the flatin Eccleston and St Helens but your cat can’t move with you then you will be faced difficult compromise. This question is important as a) areas may cause problems for the building as the communal areas may start to deteriorate if maintenance are not paid for b) if the tenants have a dispute with the managing agents you will want to have full disclosure

Other Topics

Lease Extensions in Eccleston and St Helens