My partner and I may need to rent out our Killamarsh 1st floor flat for a while due to a career opportunity. We used a Killamarsh conveyancing firm in 2004 but they have since shut and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Some leases for properties in Killamarsh do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold 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 today plan to offer on a house that seems to meet my requirements, at a great price which is making it all the more appealing. I have just found out that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Killamarsh. Conveyancing advisers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Killamarsh ?

Most houses in Killamarsh are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Killamarsh in which case you should be looking for a Killamarsh conveyancing practitioner and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the freeholder’spermission to conduct alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the house is located on an estate. Your lawyer will report to you on the legal implications.

I am looking at a couple of apartments in Killamarsh which have approximately forty five years remaining on the lease term. Will this present a problem?

There are plenty of short leases in Killamarsh. The lease is a right to use the premises for a prescribed time frame. As a lease shortens the value of the lease decreases and it becomes more costly to extend the lease. This is why it is advisable to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease because mortgage companies may be unwilling to lend money on such properties. Lease extension can be a difficult process. We recommend you get professional help from a conveyancer and surveyor with experience in this area

What advice can you give us when it comes to choosing a Killamarsh conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for your lease extension (regardless if they are a Killamarsh conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Killamarsh conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

• If they are not ALEP accredited then what is the reason?

When it comes to leasehold conveyancing in Killamarsh what are the most common lease defects?

Leasehold conveyancing in Killamarsh is not unique. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain parts of the premises
• A duty to insure the building
• 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 as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Virgin Money, and Barclays Direct all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the purchaser to pull out.

Killamarsh Leasehold Conveyancing - Examples of Questions you should consider Prior to Purchasing

The answer will be helpful as a) areas may result in problems in the building as the communal areas may begin to deteriorate if maintenance remain unpaid b) if the leaseholders have an issue with the running of the building you will need to have complete disclosure Is the freehold owned collectively by the leaseholders? The majority of Killamarsh leasehold apartments will have a service bill for maintenance of the block invoiced by the landlord. Where you purchase the apartment you will have to pay this contribution, usually in instalments during the year. This can be anything from several hundred pounds to thousands of pounds for bigger purpose-built buildings. In all likelihood there will be a rentcharge for you to pay yearly, this is usually not a exorbitant amount, say about £25-£75 but you need to enquire as sometimes it could be many hundreds of pounds.

Other Topics

Lease Extensions in Killamarsh