My husband and I may need to sub-let our Glossop garden flat for a while due to a new job. We instructed a Glossop conveyancing practice in 2001 but they have since shut and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Glossop do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience suggests 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 meet my requirements, at a reasonable price which is making it all the more appealing. I have since found out that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Glossop. Conveyancing advisers have are about to be instructed. Will they explain the issues?

Most houses in Glossop are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Glossop in which case you should be looking for a Glossop conveyancing solicitor and check that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the landlord’sconsent to carry out alterations. It may be necessary to pay a service charge towards the upkeep of the communal areas where the house is part of an estate. Your solicitor should advise you fully on all the issues.

My wife and I purchased a leasehold house in Glossop. Conveyancing and TSB mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Glossop who previously acted has long since retired.What should I do?

First contact HMLR to make sure that the individual claiming to own the freehold is in fact the new freeholder. You do not need to instruct a Glossop conveyancing firm 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 landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am looking at a couple of flats in Glossop which have in the region of fifty years unexpired on the lease term. Will this present a problem?

There are plenty of short leases in Glossop. The lease is a legal document that entitles you to use the premises for a period of time. As a lease shortens the marketability of the lease deteriorate and results in it becoming more expensive to acquire a lease extension. This is why it is generally wise to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease because mortgage lenders may be reluctant to lend money on such properties. Lease extension can be a protracted process. We recommend you seek professional assistance from a solicitor and surveyor with experience in this arena

I am employed by a reputable estate agency in Glossop where we have experienced a number of flat sales put at risk due to short leases. I have received inconsistent advice from local Glossop conveyancing firms. Can you confirm whether the seller of a flat can initiate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has owned the lease 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. The benefit of this is that the buyer can avoid having 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 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.

Glossop Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

This question is useful as a) areas may result in problems in the building as the common areas may begin to deteriorate where services are not paid for b) if the tenants have an issue with the managing agents you will wish to have all the details For most Glossop leaseholds the outlay for major works are not included within maintenance charges, although some managing agents in Glossop require leasehold owners to pay into a sinking fund created for the specific purpose of establishing a fund for larger works. Plenty Glossop leasehold flats will be liable to pay a service bill for the upkeep of the block set by the freeholder. If you purchase the property you will have to pay this contribution, normally in instalments during the year. This could differ from two or three hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all likelihood there will be a rentcharge to be met yearly, ordinarily this is not a significant figure, say about £25-£75 but you should to enquire as sometimes it can be many hundreds of pounds.

Other Topics

Lease Extensions in Glossop