I am in need of some leasehold conveyancing in Gloucester. Before I get started I require certainty as to the remaining lease term.

If the lease is registered - and most are in Gloucester - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

My partner and I may need to let out our Gloucester basement flat for a while due to a new job. We used a Gloucester conveyancing firm in 2004 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

Even though your previous Gloucester conveyancing solicitor is not around you can check your lease to see if you are permitted to let out the property. The rule is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you must obtain permission via your landlord or some other party before subletting. This means that you cannot sublet without prior consent. Such consent should not be unreasonably turned down. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

I am hoping to put an offer on a small detached house that seems to be perfect, at a great figure which is making it all the more appealing. I have just been informed that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Gloucester. Conveyancing advisers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Gloucester ?

The majority of houses in Gloucester 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. It is clear that you are purchasing in Gloucester in which case you should be looking for a Gloucester conveyancing practitioner and check that they are used to advising on leasehold houses. First you will need to check the number of years remaining. Being a tenant 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’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the communal areas where the house is located on an estate. Your conveyancer should report to you on the legal implications.

Can you offer any advice when it comes to appointing a Gloucester conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Gloucester conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Gloucester conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• Can they put you in touch with client in Gloucester who can give a testimonial?

What are the common deficiencies that you encounter in leases for Gloucester properties?

Leasehold conveyancing in Gloucester is not unique. Most leases are unique and legal mistakes in the legal wording can sometimes mean that certain sections are missing. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the building
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You may have 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. Accord Mortgages Ltd, Norwich and Peterborough Building Society, and Alliance & Leicester all have very detailed requirements 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, obliging the purchaser to pull out.

Gloucester Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing

Does the lease have onerous restrictions? Is anyone aware of any major works in the near future that could add a premium to the service fees? Are any of leasehold owners in dispute over their service charge payments?

Other Topics

Lease Extensions in Gloucester