My partner and I may need to rent out our Kimbolton garden flat temporarily due to a new job. We instructed a Kimbolton conveyancing firm in 2001 but they have since shut and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?

A lease governs relations between the freeholder and you the flat owner; in particular, it will say if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Kimbolton do not prevent subletting altogether – such a provision would adversely affect the market value the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.

I only have 72 years remaining on my flat in Kimbolton. I am keen to extend my lease but my landlord is missing. What options are available to me?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to prove that you have used your best endeavours to find the lessor. In some cases a specialist should be useful to conduct investigations and to produce a report which can be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Kimbolton.

Due to complete next month on a basement flat in Kimbolton. Conveyancing lawyers inform me that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

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

• The physical extent of the property. This will be the apartment itself but may include a loft or basement if appropriate.

Do you need to have carpet in the flat or are you allowed wood flooring?

You should be told what counts as a Nuisance in the lease

An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has

Whether your lease has a provision for a sinking fund?

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.

Responsibility for repairing the window frames For details of the information to be included in your report on your leasehold property in Kimbolton please ask your lawyer in ahead of your conveyancing in Kimbolton

I've recently bought a leasehold house in Kimbolton. Do I have any liability for service charges relating to a period prior to completion of my purchase?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Completion in due on our sale of a £400000 apartment in Kimbolton in seven days. The management company has quoted £324 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Kimbolton?

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

• Addressing conveyancing due diligence enquiries
• Where consent is required before sale in Kimbolton
• 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 Kimbolton leasehold property is £350. For Kimbolton 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 provide answers.

Kimbolton Leasehold Conveyancing - Sample of Queries before buying

The majority of Kimbolton leasehold properties will incur a service bill for the upkeep of the block invoiced on behalf of the freeholder. Where you buy the apartment you will have to meet this amount, usually in instalments throughout the year. This may differ from a few hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all likelihood there will be a rentcharge to be met annual, this is usually not a large amount, say about £25-£75 but you should to enquire as sometimes it could be many hundreds of pounds. What is the the remaining lease term? It would be prudent to find out as much as possible about the managing agents as they will either make living at the property much simpler or uncomfortable. As the owner of a leasehold property you are frequently in the clutches of the managing agents both financially and when it comes to every day issues such as the tidiness of the common parts. Ask prospective neighbours what they think of them. Finally, be sure you know the dates that you are obliged pay the service charge to the appropriate party and specifically how they are spending the funds.

Other Topics

Lease Extensions in Kimbolton