Helen (my wife) and I may need to sub-let our Lynmouth basement flat for a while due to taking a sabbatical. We used a Lynmouth conveyancing practice in 2004 but they have since shut and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?

Even though your previous Lynmouth conveyancing solicitor is no longer around you can check your lease to see if it allows you to sublet the property. The rule is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you need to obtain consent via your landlord or some other party before subletting. This means that you cannot sublet without first obtaining permission. Such 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.

There are only 72 years left on my flat in Lynmouth. I now wish to get lease extension but my freeholder is missing. What options are available to me?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission 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 prove that you or your lawyers have done all that could be expected to track down the lessor. For most situations a specialist should be useful to conduct investigations and prepare a report to be used as evidence that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Lynmouth.

I today plan to offer on a house that appears to be perfect, at a reasonable figure which is making it all the more appealing. I have subsequently discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Lynmouth. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Lynmouth ?

The majority of houses in Lynmouth are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. it is apparent that you are purchasing in Lynmouth so you should seriously consider looking for a Lynmouth conveyancing solicitor and check that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example requiring the freeholder’spermission to conduct changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the house is part of an estate. Your lawyer should report to you on the legal implications.

What advice can you give us when it comes to finding a Lynmouth conveyancing practice to carry out our lease extension conveyancing?

When appointing a solicitor for lease extension works (regardless if they are a Lynmouth conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Lynmouth conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:

• If the firm is not ALEP accredited then why not?

All being well we will complete the sale of our £225000 flat in Lynmouth on Monday in a week. The management company has quoted £348 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in Lynmouth?

Lynmouth conveyancing on leasehold maisonettes usually requires the purchaser’s lawyer sending questions for the landlord to answer. Although the landlord is under no legal obligation to respond to these enquiries most will be willing to do so. They are at liberty invoice a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average costs for the information that you are referring to is over three hundred pounds, in some transactions it is above £800. The administration charge levied by the landlord must be sent together with a summary of entitlements and obligations in respect of administration charges, otherwise the invoice is technically not due. In reality one has little choice but to pay whatever is requested of you if you want to exchange contracts with the buyer.

I acquired a basement flat in Lynmouth, conveyancing formalities finalised 2003. Can you please calculate a probable premium for a statutory lease extension? Comparable properties in Lynmouth with an extended lease are worth £176,000. The average or mid-range amount of ground rent is £45 invoiced every year. The lease finishes on 21st October 2075

With only 50 years remaining on your lease we estimate the premium for your lease extension to be between £31,400 and £36,200 plus legals.

The figure that we have given is a general guide to costs for extending a lease, but we are not able to supply a more accurate figure without more comprehensive investigations. Do not use the figures in a Notice of Claim or as an informal offer. There may be additional issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not move forward based on this information before seeking the advice of a professional.

Other Topics

Lease Extensions in Lynmouth