Frank (my husband) and I may need to rent out our Kimbolton garden flat for a while due to a new job. We instructed a Kimbolton conveyancing practice in 2003 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Some leases for properties in Kimbolton 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 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 permission.

Having checked my lease I have discovered that there are only 68 years unexpired on my lease in Kimbolton. I now wish to get lease extension but my freeholder is can not be found. 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 enable the lease to be lengthened by the Court. However, you will be required to prove that you or your lawyers have made all reasonable attempts to find the lessor. In some cases a specialist would be helpful to carry out a search and to produce an expert document to be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s absence and the vesting order request to the County Court overseeing Kimbolton.

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great figure which is making it all the more appealing. I have just been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Kimbolton. Conveyancing solicitors have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Kimbolton ?

Most houses in Kimbolton are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are purchasing in Kimbolton in which case you should be looking for a Kimbolton conveyancing solicitor and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a contribution towards the maintenance of the communal areas where the property is part of an estate. Your conveyancer should advise you fully on all the issues.

Can you provide any advice for leasehold conveyancing in Kimbolton with the intention of saving time on the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Kimbolton can be reduced if you instruct lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the buyers representatives.
• The majority freeholders or managing agents in Kimbolton charge for supplying management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Kimbolton.

A minority of Kimbolton leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors.

If you have had any disputes with your freeholder or managing agents it is very important that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to reveal the dispute as over as opposed to ongoing.

If you are supposed to have a share in the freehold, you should ensure that you are holding the original share document. Obtaining a new share certificate is often a time consuming formality and slows down many a Kimbolton home move. If a new share is necessary, you should approach the company director and secretary or managing agents (if applicable) for this sooner rather than later.

If all goes to plan we aim to complete the sale of our £350000 maisonette in Kimbolton next week. The landlords agents has quoted £348 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Kimbolton?

Kimbolton conveyancing on leasehold maisonettes ordinarily results in fees being levied by freeholders :

• Answering pre-contract 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 premises 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 the information.

Kimbolton Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to buying

Is the freehold reversion owned jointly by the leaseholders? Many Kimbolton leasehold flats will have a service bill for maintenance of the block set on behalf of the freeholder. If you purchase the flat you will have to pay this contribution, usually periodically accross the year. This may differ from a few hundred pounds to thousands of pounds for large purpose-built buildings. In all probability there will be a ground rent for you to pay yearly, ordinarily this is not a large amount, say about £50-£100 but you need to check as sometimes it can be prohibitively expensive. It would be a good idea to discover if there is anything that is prohibited in the lease. For example it is very common in Kimbolton leases that pets are not allowed in in a block in Kimbolton. If you like the flatin Kimbolton yet your cat is not allowed to live with you then you have a very hard decision.

Other Topics

Lease Extensions in Kimbolton