My partner and I may need to rent out our Exminster ground floor flat temporarily due to taking a sabbatical. We instructed a Exminster conveyancing practice in 2004 but they have since shut and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

A lease dictates relations between the landlord and you the leaseholder; specifically, it will set out if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Exminster do not prevent an absolute prevention of subletting – such a provision would adversely affect the market value the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.

Looking forward to exchange soon on a leasehold property in Exminster. Conveyancing lawyers have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Exminster should include some of the following:

• The length of the lease term You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark
• Do you need to have carpet in the flat or are you allowed wood flooring?
• Whether your lease has a provision for a reserve fund?
• The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises 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
• Responsibility for repairing the window frames

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a great price which is making it all the more appealing. I have since discovered that the title is leasehold as opposed to freehold. I am assuming that there are issues purchasing a leasehold house in Exminster. Conveyancing advisers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Exminster ?

Most houses in Exminster are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Exminster in which case you should be shopping around for a Exminster conveyancing solicitor and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the landlord’spermission to carry out alterations. It may be necessary to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your conveyancer should appraise you on the various issues.

Do you have any top tips for leasehold conveyancing in Exminster from the perspective of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Exminster can be avoided if you instruct lawyers the minute your agents start advertising the property and ask them to put together the leasehold information needed by the buyers lawyers.
• In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Exminster leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord approving such works. If you dont have the paperwork to hand do not contact the landlord without contacting your lawyer first.
• If there is a history of conflict with your freeholder or managing agents it is very important that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic as opposed to unresolved.
• If you have the benefit of shareholding in the Management Company, you should make sure that you are holding the original share document. Obtaining a duplicate share certificate can be a time consuming formality and frustrates many a Exminster conveyancing deal. If a reissued share certificate is required, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible.
• You may think that you are aware of the number of years left on your lease but it would be advisable verify this via your lawyers. A buyer’s lawyer will not be happy to advise their client to to exchange contracts if the lease term is less than 80 years. In the circumstances it is important at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

What makes a Exminster lease unmortgageable?

There is nothing unique about leasehold conveyancing in Exminster. Most leases are unique and legal mistakes in the legal wording can result in certain sections are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements 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 will 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. Barclays , Coventry Building Society, and Nottingham Building Society all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to withdraw.

Exminster Conveyancing for Leasehold Flats - Sample of Questions you should ask before buying

On the whole the cost for major works tend not to be included within maintenance charges, albeit that a few managing agents in Exminster require leasehold owners to contribute towards a reserve fund created for the specific purpose of building a fund for larger repairs or maintenance.