I am intending to let out my leasehold apartment in Harrold. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Notwithstanding that your previous Harrold conveyancing lawyer is no longer around you can check your lease to check if you are permitted to let out the property. The rule is that if the deeds are silent, subletting is allowed. There may be a precondition that you must obtain consent from your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet in the absence of first obtaining permission. The consent should not be unreasonably withheld. If your lease prohibits you from subletting the property you should ask your landlord for their consent.

I am attracted to a two apartments in Harrold both have in the region of forty five years unexpired on the lease term. Do I need to be concerned?

There are plenty of short leases in Harrold. The lease is a legal document that entitles you to use the property for a prescribed time frame. As the lease gets shorter the saleability of the lease reduces and it becomes more expensive to acquire a lease extension. This is why it is advisable to increase the term of the lease. It is often difficult to sell a property with a short lease because mortgage companies may be unwilling to lend money on properties of this type. Lease enfranchisement can be a protracted process. We advise that you get professional help from a solicitor and surveyor with experience in this field

I've recently bought a leasehold house in Harrold. Am I liable to pay service charges relating to a period prior to my ownership?

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. However, 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).

We expect to complete the disposal of our £275000 maisonette in Harrold on Wednesday in a week. The landlords agents has quoted £312 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Harrold?

Harrold conveyancing on leasehold flats often involves the buyer’s solicitor submitting questions for the landlord to address. Although the landlord is not legally bound to answer such questions the majority will be content to assist. They are at liberty levy a reasonable charge for responding to questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it exceeds £800. The administration charge invoiced by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration charges, otherwise the invoice is technically not due. In reality you have no option but to pay whatever is requested of you if you want to sell the property.

What makes a Harrold lease problematic?

There is nothing unique about leasehold conveyancing in Harrold. Most leases are unique and legal mistakes in the legal wording can sometimes mean that certain provisions are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts 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

A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, Norwich and Peterborough Building Society, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, forcing the buyer to withdraw.

Harrold Leasehold Conveyancing - Sample of Questions you should consider before Purchasing

What is the annual maintenance fee and ground rent? Best to be warned whether fixing the lift or some other significant cost is pending to be shared amongst the tenants and may well materially impact the level of the maintenance charges or necessitate a one off payment. How many years are left on the lease?

Other Topics

Lease Extensions in Harrold