My fiance and I may need to let out our Godshill ground floor flat for a while due to a new job. We instructed a Godshill conveyancing practice in 2003 but they have closed and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?

Even though your last Godshill conveyancing solicitor is not available you can review your lease to check if you are permitted to let out the apartment. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you must seek consent via your landlord or some other party prior to subletting. This means that you cannot sublet without prior permission. The consent is not allowed to be unreasonably withheld. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.

Having checked my lease I have discovered that there are only 68 years left on my flat in Godshill. I need to get lease extension but my landlord is absent. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to prove that you have done all that could be expected to track down the freeholder. On the whole an enquiry agent should be helpful to try and locate and prepare an expert document to be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on devolving into the landlord’s disappearance and the vesting order request to the County Court covering Godshill.

Expecting to complete next month on a studio apartment in Godshill. Conveyancing lawyers have said that they report fully within the next couple of days. What should I be looking out for?

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

• Will you be prohibited or prevented from having pets in the property?

You should be told what counts as a Nuisance in the lease

Ground rent - how much and when you need to pay, and also know whether this is subject to change

An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has

I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required

What options are open to you if a neighbour is in violation of a provision in their lease?

What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Godshill please enquire of your conveyancer in advance of your conveyancing in Godshill

Can you offer any advice when it comes to appointing a Godshill conveyancing practice to carry out our lease extension conveyancing?

When appointing a solicitor for your lease extension (regardless if they are a Godshill conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you speak with two or three firms including non Godshill conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

• If the firm is not ALEP accredited then why not?

What volume of lease extensions have they carried out in Godshill in the last twenty four months?

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £500000 apartment in Godshill next week. The freeholder has quoted £360 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Godshill?

Godshill conveyancing on leasehold flats nine out of ten times necessitates administration charges raised by managing agents :

• Completing pre-exchange enquiries
• Where consent is required before sale in Godshill
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Godshill leasehold property is £350. For Godshill conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to provide the information.

Leasehold Conveyancing in Godshill - Examples of Questions you should consider before buying

The prefered form of lease arrangement is a share of the freehold. In this situation the tenants benefit from control and although a managing agent is usually employed where it is larger than a house conversion, the managing agent is directed by the tenants. It is important to be aware whether redecorating or some other major work is due shortly that will be shared by the leaseholders and will dramatically increase the the service fees or result in a one off invoice. What prohibitions exist in the Godshill Lease?

Other Topics

Lease Extensions in Godshill