My fiance and I may need to rent out our De Beauvoir Town basement flat temporarily due to taking a sabbatical. We instructed a De Beauvoir Town conveyancing practice in 2002 but they have closed and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?

Even though your previous De Beauvoir Town conveyancing solicitor is no longer available you can check your lease to check if it allows you to sublet the property. The accepted inference is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you are obliged to seek consent via your landlord or other appropriate person before subletting. This means you not allowed to sublet in the absence of prior consent. The consent should not be unreasonably withheld. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

Having checked my lease I have discovered that there are only 72 years remaining on my lease in De Beauvoir Town. I am keen to extend my lease but my landlord is can not be found. What should I do?

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 magistrate. However, you will be required to demonstrate that you have used your best endeavours to locate the lessor. For most situations an enquiry agent would be useful to conduct investigations and prepare a report which can be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the application to the County Court overseeing De Beauvoir Town.

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a great price which is making it more attractive. I have just been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in De Beauvoir Town. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in De Beauvoir Town ?

The majority of houses in De Beauvoir Town are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are buying in De Beauvoir Town so you should seriously consider looking for a De Beauvoir Town conveyancing practitioner 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. Being a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’spermission to conduct changes to the property. You may also be required to pay a contribution towards the upkeep of the communal areas where the property is located on an estate. Your conveyancer should advise you fully on all the issues.

We expect to complete the sale of our £350000 maisonette in De Beauvoir Town in six days. The freeholder has quoted £396 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in De Beauvoir Town?

De Beauvoir Town conveyancing on leasehold apartments more often than not requires the buyer’s solicitor sending questions for the landlord to answer. Although the landlord is under no legal obligation to address these enquiries the majority will be willing to assist. They are at liberty charge a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is over three hundred pounds, in some transactions it is above £800. The administration charge demanded by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration fees, otherwise the invoice is technically not due. Reality however dictates that you have no choice but to pay whatever is requested of you should you wish to sell the property.

Following months of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in De Beauvoir Town. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

Absolutely. We are happy to put you in touch with a De Beauvoir Town conveyancing firm who can help.

An example of a Lease Extension case for a De Beauvoir Town flat is 5C Stoke Newington Road in April 2010. the Tribunal therefore concludes that the premium to be paid for the extended lease is £700.00 This case affected 1 flat. The the unexpired term as at the valuation date was 80.5 years.

When it comes to leasehold conveyancing in De Beauvoir Town what are the most frequent lease problems?

There is nothing unique about leasehold conveyancing in De Beauvoir Town. All leases are individual and drafting errors can sometimes mean that certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the property
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Coventry Building Society, and Godiva Mortgages Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the purchaser to pull out.

Other Topics

Lease Extensions in De Beauvoir Town