My fiance and I may need to let out our Heckmondwike 1st floor flat temporarily due to taking a sabbatical. We instructed a Heckmondwike conveyancing firm in 2002 but they have closed and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

The lease dictates the relationship between the landlord and you the flat owner; specifically, it will set out 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 permitted. The majority of leases in Heckmondwike do not prevent subletting altogether – such a clause would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

I've found a house that seems to tick a lot of boxes, at a great price which is making it all the more appealing. I have since found out that the title is leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Heckmondwike. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Heckmondwike ?

The majority of houses in Heckmondwike are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. it is apparent that you are purchasing in Heckmondwike in which case you should be looking for a Heckmondwike conveyancing solicitor and check that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring 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 advise you fully on all the issues.

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

When appointing a property lawyer for lease extension works (regardless if they are a Heckmondwike conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Heckmondwike conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• How familiar is the practice with lease extension legislation?

All being well we will complete the disposal of our £150000 apartment in Heckmondwike in seven days. The managing agents has quoted £408 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Heckmondwike?

Heckmondwike conveyancing on leasehold flats normally necessitates the buyer’s lawyer submitting questions for the landlord to address. Although the landlord is under no legal obligation to address such questions the majority will be willing to do so. They are entitled charge a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some transactions it is in excess of £800. The administration charge demanded by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration fees, without which the charge is technically not due. In reality you have no option but to pay whatever is requested of you should you wish to sell the property.

Are there common problems that you come across in leases for Heckmondwike properties?

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

• A provision to repair to or maintain elements of the building
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You will encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Barnsley Building Society, and Platform Home Loans Ltd 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 provide security, forcing the buyer to pull out.

I am the registered owner of a 2 bed flat in Heckmondwike, conveyancing having been completed in 2012. Can you shed any light on how much the price could be for a 90 year extension to my lease? Similar properties in Heckmondwike with an extended lease are worth £259,000. The ground rent is £50 invoiced every year. The lease terminates on 21st October 2077

With only 51 years left to run we estimate the premium for your lease extension to be between £33,300 and £38,400 as well as plus your own and the landlord's "reasonable" professional fees.

The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to supply the actual costs in the absence of comprehensive due diligence. You should not use this information in tribunal or court proceedings. There are no doubt other concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. You should not move forward based on this information without first seeking the advice of a professional.

Other Topics

Lease Extensions in Heckmondwike