I am intending to let out my leasehold flat in Horncastle. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Notwithstanding that your previous Horncastle conveyancing solicitor is no longer around you can check your lease to check if it allows you to sublet the property. The accepted inference is that if the deeds are non-specific, subletting is permitted. Quite often there is a prerequisite that you must seek consent via your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet in the absence of first obtaining permission. Such consent must not not be unreasonably refused ore delayed. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

Looking forward to exchange soon on a ground floor flat in Horncastle. Conveyancing solicitors assured me that they are sending me a report tomorrow. What should I be looking out for?

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

• You should be sent a copy of the lease

The length of the lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years

Defining your rights in respect of the communal areas in the block.For example, does the lease include a right of way over a path or staircase?

Are you allowed to have a pet in the flat?

Whether your lease has a provision for a sinking fund?

You should have a good understanding of the insurance provisions

Repair and maintenance of the flat For details of the information to be contained in your report on your leasehold property in Horncastle please ask your solicitor in advance of your conveyancing in Horncastle

I own a leasehold house in Horncastle. Conveyancing and Virgin Money mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Horncastle who previously acted has now retired.Do I pay?

The first thing you should do is contact HMLR to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Horncastle conveyancing lawyer to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am a negotiator for a busy estate agent office in Horncastle where we see a number of leasehold sales jeopardised due to short leases. I have received inconsistent advice from local Horncastle conveyancing firms. Please can you clarify whether the seller of a flat can instigate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

We expect to complete our sale of a £375000 apartment in Horncastle in 10 days. The landlords agents has quoted £420 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Horncastle?

Horncastle conveyancing on leasehold apartments normally results in fees being raised by managing agents :

• Completing pre-contract enquiries
• Where consent is required before sale in Horncastle
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Horncastle leasehold premises is £350. For Horncastle 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 supply answers.

Horncastle Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing

Is there a share of the freehold? What prohibitions are contained in the Horncastle Lease? This question is important as a) areas could result in problems in the block as the common areas may start to deteriorate where services are not paid for b) if the leasehold owners have a dispute with the managing agents you will need to have complete disclosure

Other Topics

Lease Extensions in Horncastle