I am intending to sublet my leasehold flat in Harwich. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

A lease governs the relationship between the landlord and you the leaseholder; specifically, it will indicate if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Harwich do not contain an absolute prevention of subletting – such a clause would adversely affect the market value the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

Planning to sign contracts shortly on a garden flat in Harwich. Conveyancing lawyers have said that they report fully on Monday. Are there areas in the report that I should be focusing on?

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

• The total extent of the property. This will be the property itself but may include a roof space or cellar if appropriate.

Setting out your rights in relation to common areas in the building.For example, does the lease include a right of way over an accessway or staircase?

Does the lease prohibit wood flooring?

Ground rent - how much and when you need to pay, and also know whether this will change in the future

Changes to the flat (alterations and additions)

The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building

What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Harwich please ask your conveyancer in advance of your conveyancing in Harwich

I've found a house that appears to be perfect, at a great price which is making it more attractive. I have just been informed that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Harwich. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Harwich ?

Most houses in Harwich are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Harwich so you should seriously consider looking for a Harwich conveyancing practitioner and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the property is part of an estate. Your solicitor will advise you fully on all the issues.

Completion in due on the sale of our £325000 apartment in Harwich on Friday in a week. The freeholder has quoted £312 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Harwich?

Harwich conveyancing on leasehold flats nine out of ten times necessitates administration charges levied by landlords agents :

• Addressing conveyancing due diligence questions
• Where consent is required before sale in Harwich
• 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 Harwich leasehold premises is £350. For Harwich 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.

When it comes to leasehold conveyancing in Harwich what are the most frequent lease problems?

Leasehold conveyancing in Harwich is not unique. All leases are unique and drafting errors can sometimes mean that certain provisions are wrong. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the premises
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

You will 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. Yorkshire Building Society, Leeds Building Society, and Godiva Mortgages Ltd all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, forcing the buyer to pull out.

Leasehold Conveyancing in Harwich - A selection of Questions you should consider before Purchasing

For many Harwich leaseholds the cost for major works tend not to be included within service charges, although some managing agents in Harwich require leasehold owners to pay into a reserve fund created for the specific intention of establishing a fund for larger repairs or maintenance. How much is the ground rent and service charge? It would be sensible to discover if the the lease contains any adverse restrictions in the lease. For instance plenty of leases prohibit pets being allowed in in a block in Harwich. If you like the propertyin Harwich however your dog can’t live with you then you will be faced hard compromise.

Other Topics

Lease Extensions in Harwich