My wife and I may need to sub-let our Howden 1st floor flat temporarily due to taking a sabbatical. We used a Howden conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Howden do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

You should [be sent a copy of the lease|receive a copy of the lease]

Planning to complete next month on a studio apartment in Howden. Conveyancing lawyers have said that they are sending me a report next week. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Howden should include some of the following:

• The unexpired lease term You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
• Setting out your rights in relation to the communal areas in the block.For instance, does the lease provide for a right of way over a path or hallways?
• You must be told what counts as a Nuisance in the lease
• Ground rent - how much and when you need to pay, and also know whether this will change in the future
• Repair and maintenance of the flat
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
• What you can do if a neighbour is in violation of a provision in their lease?

For a comprehensive list of information to be contained in your report on your leasehold property in Howden please enquire of your conveyancer in ahead of your conveyancing in Howden

Back In 2008, I bought a leasehold flat in Howden. Conveyancing and Chelsea Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Howden who previously acted has long since retired.What should I do?

First contact the Land Registry to be sure that this person is in fact the new freeholder. There is no need to instruct a Howden conveyancing practitioner to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

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

When appointing a conveyancer for lease extension works (regardless if they are a Howden conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Howden conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• If the firm is not ALEP accredited then why not?
• How many lease extensions have they completed in Howden in the last twenty four months?

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £ 250000 apartment in Howden next week. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Howden?

For the majority of leasehold sales in Howden conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering conveyancing due diligence enquiries
• Where consent is required before sale in Howden
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Howden leasehold property is £350. For Howden 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 obliged to provide the information.

Howden Leasehold Conveyancing - Sample of Queries before Purchasing

It is important to be aware if fixing the lift or some other major work is due in the foreseeable future that will be shared between the leasehold owners and may well materially impact the level of the service costs or require a specific invoice. What prohibitions are there in the Howden Lease?