Helen (my wife) and I may need to sub-let our Shirley 1st floor flat temporarily due to taking a sabbatical. We instructed a Shirley conveyancing firm in 2001 but they have since shut and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?

Even though your previous Shirley conveyancing lawyer is no longer around you can check your lease to see if it allows you to sublet the apartment. The accepted inference is that if the deeds are silent, subletting is allowed. Quite often there is a prerequisite that you need to seek permission via your landlord or some other party prior to subletting. The net result is that you cannot sublet in the absence of first obtaining consent. Such consent is not allowed to be unreasonably withheld. If your lease prohibits you from letting out the property you should ask your landlord for their consent.

Looking forward to exchange soon on a garden flat in Shirley. Conveyancing lawyers assured me that they report fully next week. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Shirley should include some of the following:

• How long the lease is You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
• Whether the lease restricts you from renting out the flat, or working from home
• Ground rent - how much and when you need to pay, and also know whether this is subject to change
• Whether your lease has a provision for a reserve fund?
• You should have a good understanding of the insurance provisions
• The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
• What the implications are if you breach a clause of your lease?

Estate agents have just been given the go-ahead to market my 2 bed flat in Shirley.Conveyancing solicitors are to be appointed soon but I have just had a quarterly service charge demand – Do I pay up?

The sensible thing to do is clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

What are your top tips when it comes to finding a Shirley conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Shirley conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Shirley conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:

• What volume of lease extensions has the firm carried out in Shirley in the last year?
• What are the legal fees for lease extension conveyancing?

My wife and I have hit a brick wall in seeking a lease extension in Shirley. Can the Leasehold Valuation Tribunal adjudicate on premiums?

Most certainly. We are happy to put you in touch with a Shirley conveyancing firm who can help.

An example of a Freehold Enfranchisement matter before the tribunal for a Shirley flat is 29 Woodstock Road in April 2014. the Tribunal determined that the premiums to be paid into court in respect of the purchase of the freehold registered at HMLR under Title N0.SY3997 should be £7,217. This case was in relation to 4 flats. The the unexpired term as at the valuation date was 98 years.

What makes a Shirley lease problematic?

Leasehold conveyancing in Shirley is not unique. All leases is drafted differently and legal mistakes in the legal wording can result in certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

• 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.
• Maintenance charge proportions which don’t add up to the correct percentage

You could 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. Yorkshire Building Society, Coventry Building Society, and Bank of Ireland all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the purchaser to withdraw.

Shirley Leasehold Conveyancing - Examples of Queries before Purchasing

What is the length of the lease? The best form of lease arrangement is a share of the freehold. In this arrangement the leaseholders enjoy control and notwithstanding that a managing agent is frequently employed if the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves. Be sure to discover if there is anything that is prohibited in the lease. By way of example it is very common in Shirley leases that pets are not allowed in in a block in Shirley. If you love the apartmentin Shirley but your cat is not allowed to live with you then you have a very hard decision.