My husband and I may need to sub-let our Irthlingborough basement flat temporarily due to a career opportunity. We used a Irthlingborough conveyancing practice in 2001 but they have closed and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

A small minority of properties in Irthlingborough do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience suggests 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 permission.

I have recently realised that I have 72 years left on my lease in Irthlingborough. I now want to extend my lease but my freeholder is can not be found. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to locate the landlord. For most situations a specialist would be helpful to carry out a search and prepare an expert document which can be used as proof that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Irthlingborough.

Looking forward to exchange soon on a studio apartment in Irthlingborough. Conveyancing lawyers have said that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

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

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

Back In 2005, I bought a leasehold house in Irthlingborough. Conveyancing and Yorkshire Building Society mortgage went though with no issue. 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 1991. The conveyancing solicitor in Irthlingborough who acted for me is not around.What should I do?

First contact the Land Registry to be sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Irthlingborough conveyancing lawyer to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What are the common defects that you encounter in leases for Irthlingborough properties?

There is nothing unique about leasehold conveyancing in Irthlingborough. Most leases is drafted differently and drafting errors can result in certain sections are wrong. The following missing provisions could result in a defective lease:

• Repairing obligations 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 encounter 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. Barclays , Norwich and Peterborough Building Society, and Bank of Ireland all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the purchaser to withdraw.

Leasehold Conveyancing in Irthlingborough - A selection of Questions you should ask Prior to Purchasing

It is important to be aware if redecorating or some other major work is due shortly to be shared between the leaseholders and will materially increase the the maintenance charges or result in a specific invoice. Make sure you find out if the the lease contains any unreasonable restrictions in the lease. For instance plenty of leases prohibit pets being allowed in certain buildings in Irthlingborough. If you like the apartmentin Irthlingborough yet your cat is not allowed to move with you then you will be presented with a hard determination. Generally speaking the cost for major works tend not to be built into the maintenance charges, although a few managing agents in Irthlingborough require leaseholders to contribute towards a reserve fund created for the specific purpose of building a fund for major works.

Other Topics

Lease Extensions in Irthlingborough