I am intending to rent out my leasehold flat in Preston. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Even though your last Preston conveyancing lawyer is no longer available you can review your lease to check if you are permitted to let out the apartment. The accepted inference is that if the lease is silent, subletting is permitted. There may be a precondition that you are obliged to obtain permission from your landlord or other appropriate person before subletting. The net result is you not allowed to sublet without first obtaining consent. Such consent should not be unreasonably withheld. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

I today plan to offer on a house that appears to meet my requirements, at a great figure which is making it all the more appealing. I have since discovered that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Preston. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Preston ?

Most houses in Preston are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Preston so you should seriously consider shopping around for a Preston conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the landlord’spermission to carry out alterations. It may be necessary to pay a service charge towards the upkeep of the communal areas where the house is part of an estate. Your solicitor will report to you on the legal implications.

My wife and I purchased a leasehold flat in Preston. Conveyancing and Godiva Mortgages Ltd mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Preston who previously acted has now retired.Any advice?

First contact the Land Registry to be sure that this person is indeed the new freeholder. It is not necessary to instruct a Preston conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I've recently bought a leasehold property in Preston. Do I have any liability for service charges for periods before my ownership?

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. 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 ensure 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).

Can you offer any advice when it comes to choosing a Preston conveyancing practice to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Preston conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non Preston conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

• How familiar is the practice with lease extension legislation?
• What are the costs for lease extension conveyancing?

I have given up negotiating a lease extension in Preston. Can this matter be resolved via the Leasehold Valuation Tribunal?

Where there is a absentee freeholder or where there is disagreement about what the lease extension should cost, under the relevant legislation it is possible to make an application to the First-tier Tribunal (Property Chamber) to make a decision on the premium.

An example of a Lease Extension decision for a Preston flat is Ground Floor Flat 79 London Road in September 2012. the Tribunal held that the premium payable for the lease extension should be £7,636 This case was in relation to 1 flat. The unexpired lease term was 74 years.

Preston Leasehold Conveyancing - Examples of Queries before Purchasing

It would be prudent to enquire if the the lease contains any onerous restrictions in the lease. For example it is fairly common in Preston leases that pets are not allowed in in a block in Preston. If you love the flatin Preston but your cat is not allowed to make the move with you then you have a very hard determination. If a Preston lease has no more than 80 years it will impact the marketability of the apartment. Check with your mortgage company that they are willing to lend given the lease term. A short lease means that you will most likely need a lease extension at some point and it is worth finding out what this will be. For most Prestonlease extensions you will need to own the property for two years before you are entitled to extend the lease.