I wish to let out my leasehold apartment in Littleport. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Some leases for properties in Littleport 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 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 consent.

Expecting to complete next month on a ground floor flat in Littleport. Conveyancing solicitors assured me 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 Littleport should include some of the following:

• The physical extent of the premises. This will be the flat itself but may include a roof space or cellar if applicable.
• Defining your rights in respect of the communal areas in the building.For instance, does the lease grant a right of way over a path or hallways?
• You must be told what constitutes a Nuisance in the lease
• You should have a good understanding of the insurance provisions
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
• Responsibility for repairing the window frames
• What the implications are if you breach a clause of your lease?

I am attracted to a two flats in Littleport both have about forty five years left on the leases. Will this present a problem?

A lease is a legal document that entitles you to use the premises for a period of time. As a lease shortens the saleability of the lease decreases and it becomes more expensive to acquire a lease extension. This is why it is generally wise to extend the lease term. More often than not it is difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a difficult process. We advise that you get professional help from a conveyancer and surveyor with experience in this field

Can you provide any top tips for leasehold conveyancing in Littleport with the aim of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Littleport can be bypassed if you instruct lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation which will be required by the buyers lawyers.
• Many freeholders or managing agents in Littleport levy fees for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Littleport.
• Some Littleport leases require Licence to Assign from the landlord. 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 should make it clear that the buyer is able to meet 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 buyers or their solicitors.
• If there is a history of conflict with your freeholder or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to completion of the sale. 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 details of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic as opposed to unsettled.
• If you have the benefit of shareholding in the Management Company, you should make sure that you are holding the original share document. Arranging a new share certificate can be a time consuming formality and delays many a Littleport home move. Where a new share is necessary, you should approach the company director and secretary or managing agents (where applicable) for this sooner rather than later.

What makes a Littleport lease unmortgageable?

There is nothing unique about leasehold conveyancing in Littleport. Most leases is drafted differently and legal mistakes in the legal wording can result in certain clauses are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the building
• A duty to insure the building
• 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

You will have a problem 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, Coventry Building Society, and Godiva Mortgages Ltd 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 is defective they may refuse to provide security, obliging the buyer to pull out.

Littleport Leasehold Conveyancing - Examples of Queries before buying

Be sure to enquire if there are any onerous prohibitions in the lease. For example it is very common in Littleport leases that pets are not allowed in in a block in Littleport. If you love the apartmentin Littleport yet your dog can’t live with you then you will be faced difficult determination. How many of the leaseholders are in arrears for their service charge payments? The answer will be useful as a) areas could result in problems in the building as the communal areas may begin to deteriorate where repairs remain unpaid b) if the tenants have a dispute with the managing agents you will need to have complete disclosure