Jane (my partner) and I may need to rent out our Guildford 1st floor flat for a while due to a career opportunity. We used a Guildford conveyancing firm in 2002 but they have closed and we did not think at the time get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Guildford conveyancing lawyer is no longer around you can check your lease to see if you are permitted to let out the apartment. The rule is that if the lease is silent, subletting is permitted. There may be a precondition that you need to seek permission from your landlord or some other party before subletting. This means that you cannot sublet without prior permission. Such consent should not be unreasonably withheld. If the lease prohibits you from subletting the property you should ask your landlord for their consent.

I only have Sixty One years unexpired on my lease in Guildford. I now wish to get lease extension but my freeholder is absent. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to prove that you or your lawyers have made all reasonable attempts to locate the freeholder. On the whole a specialist should be useful to carry out a search and to produce an expert document to be used as proof that the landlord can not be located. It is wise to seek advice from a conveyancer both on devolving into the landlord’s absence and the application to the County Court overseeing Guildford.

Back In 2005, I bought a leasehold house in Guildford. Conveyancing and Aldermore mortgage organised. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Guildford who acted for me is not around.What should I do?

First make enquiries of the Land Registry to make sure that this person is indeed the new freeholder. You do not need to incur the fees of a Guildford conveyancing lawyer to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I've recently bought a leasehold property in Guildford. Do I have any liability for service charges for periods before completion of my purchase?

In a situation 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 ensure 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).

In relation to leasehold conveyancing in Guildford what are the most common lease defects?

There is nothing unique about leasehold conveyancing in Guildford. Most leases are individual and legal mistakes in the legal wording can result in 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 property
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You may encounter 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. Santander, Leeds Building Society, and Britannia all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the purchaser to pull out.

Guildford Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

It would be sensible to discover if the the lease includes any adverse restrictions in the lease. For example plenty of leases prohibit pets being permitted in certain buildings in Guildford. If you love the propertyin Guildford yet your cat is not allowed to make the move with you then you have a very hard compromise. Best to be warned if window replacement or some other significant cost is coming up to be shared by the leasehold owners and may well dramatically increase the the maintenance fees or necessitate a specific payment. Who takes charge for maintaining and repairing the block?

Other Topics

Lease Extensions in Guildford