Helen (my wife) and I may need to let out our Little Haven basement flat for a while due to a career opportunity. We instructed a Little Haven conveyancing firm in 2003 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

The lease dictates relations between the landlord and you the flat owner; specifically, it will set out if subletting is banned, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Little Haven do not prevent subletting altogether – such a clause would adversely affect the market value the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

Expecting to complete next month on a ground floor flat in Little Haven. Conveyancing solicitors have said that they are sending me a report tomorrow. What should I be looking out for?

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

• Setting out your legal entitlements in respect of the communal areas in the block.By way of example, does the lease permit a right of way over an accessway or staircase?

Last month I purchased a leasehold property in Little Haven. Do I have any liability for service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, 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).

All being well we will complete the disposal of our £275000 flat in Little Haven in just under a week. The managing agents has quoted £324 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Little Haven?

Little Haven conveyancing on leasehold apartments normally requires the buyer’s lawyer sending questions for the landlord to address. Although the landlord is under no legal obligation to respond to such questions most will be willing to do so. They may levy a reasonable charge for responding to enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is £350, in some transactions it exceeds £800. The administration charge levied by the landlord must be sent together with a summary of rights and obligations in respect of administration fees, without which the charge is not strictly payable. Reality however dictates that one has little choice but to pay whatever is demanded if you want to complete the sale of your home.

Are there frequently found problems that you see in leases for Little Haven properties?

Leasehold conveyancing in Little Haven is not unique. Most leases are unique and legal mistakes in the legal wording can sometimes mean that certain clauses are erroneous. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the premises
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , Virgin Money, and Platform Home Loans Ltd all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, forcing the buyer to pull out.

Leasehold Conveyancing in Little Haven - Examples of Questions you should ask before Purchasing

The prefered form of lease structure is a share of the freehold. In this scenario the lessees benefit from control and even though a managing agent is frequently employed if it is larger than a house conversion, the managing agent retained by the leaseholders. Please inform me if there are any major works on the horizon that will likely increase the maintenance fees? It would be wise to find out as much as possible about the company managing the block as they can either make living at the property much easier or uncomfortable. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to day to day matters such as the upkeep of the communal areas. Enquire of prospective neighbours what they think of their management. On a final note, find out the dates that you are obliged pay the service charge to the managing agents and specifically what it includes.

Other Topics

Lease Extensions in Little Haven