Frank (my husband) and I may need to let out our Flamborough garden flat for a while due to taking a sabbatical. We instructed a Flamborough conveyancing practice in 2001 but they have since shut and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your last Flamborough conveyancing solicitor is no longer around you can review your lease to check if it allows you to sublet the premises. The rule is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you must seek consent via your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet without first obtaining consent. Such consent should not be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you should ask your landlord for their consent.

There are only Sixty One years remaining on my lease in Flamborough. I need to extend my lease but my freeholder is absent. What should I do?

On the basis that 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 extended by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to locate the freeholder. In some cases a specialist would be useful to carry out a search and prepare an expert document to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to devolving into the landlord’s absence and the vesting order request to the County Court covering Flamborough.

I have just appointed agents to market my garden flat in Flamborough.Conveyancing solicitors are to be appointed soon but I have just had a quarterly maintenance charge demand – what should I do?

It best that you clear 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 unless 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.

I own a leasehold flat in Flamborough. Conveyancing and Nottingham Building Society 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 1995. The conveyancing solicitor in Flamborough who acted for me is not around.What should I do?

The first thing you should do is make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Flamborough conveyancing firm to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am employed by a reputable estate agent office in Flamborough where we have experienced a few flat sales put at risk as a result of short leases. I have been given contradictory information from local Flamborough conveyancing solicitors. Could you shed some light as to whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Flamborough Leasehold Conveyancing - Examples of Questions you should consider Prior to Purchasing

Many Flamborough leasehold properties will have a service bill for maintenance of the building set by the landlord. Where you buy the apartment you will have to pay this charge, usually in instalments accross the year. This may differ from several hundred pounds to thousands of pounds for blocks with lifts and large common areas. In all likelihood there will be a ground rent to be met yearly, this is usually not a exorbitant sum, say about £25-£75 but you should to check it because sometimes it can be prohibitively expensive. Does this lease have more than 80 years remaining? Its a good idea to find out as much as you can regarding the company managing the block as they can either make living at the property much simpler or a lot more difficult. As the proprietor of a leasehold property you are often in the clutches of the managing agents from a financial perspective and when it comes to day to day matters like the cleanliness of the common parts. Don't be shy to ask prospective neighbours what they think of their management. On a final note, find out the dates that the service fees are due to the managing agents and specifically what you get for your money.

Other Topics

Lease Extensions in Flamborough