My husband and I may need to rent out our Gedling garden flat temporarily due to a new job. We used a Gedling conveyancing firm in 2002 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Gedling do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I've found a house that seems to tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have subsequently found out that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Gedling. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Gedling ?

The majority of houses in Gedling are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are buying in Gedling so you should seriously consider looking for a Gedling conveyancing solicitor and check that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as requiring the landlord’spermission to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the house is part of an estate. Your conveyancer should advise you fully on all the issues.

I've recently bought a leasehold flat in Gedling. Do I have any liability for service charges for periods before my ownership?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

I work for a busy estate agency in Gedling where we have witnessed a few leasehold sales jeopardised as a result of short leases. I have been given contradictory information from local Gedling conveyancing solicitors. Could you confirm whether the vendor of a flat can start the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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 buyer.

Completion in due on our sale of a £500000 maisonette in Gedling in nine days. The managing agents has quoted £396 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Gedling?

Gedling conveyancing on leasehold maisonettes normally requires the buyer’s solicitor sending questions for the landlord to answer. Although the landlord is under no legal obligation to address such questions most will be content to do so. They are entitled levy a reasonable charge for responding to questions or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some transactions it is above £800. The administration charge required by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration fees, otherwise the charge is not strictly payable. Reality however dictates that one has little option but to pay whatever is demanded if you want to sell the property.

Gedling Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

Plenty Gedling leasehold properties will incur a service charge for the upkeep of the building invoiced on behalf of the landlord. If you purchase the property you will have to pay this liability, normally quarterly during the year. This could vary from a couple of hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a ground rent to be met annual, ordinarily this is not a significant sum, say around £25-£75 but you should to check it because sometimes it can be many hundreds of pounds. Make sure you enquire if the the lease contains any adverse restrictions in the lease. For example some leases prohibit pets being permitted in certain buildings in Gedling. If you like the propertyin Gedling yet your cat can’t make the move with you then you will be faced hard choice. How many years are left on the lease?

Other Topics

Lease Extensions in Gedling