Frank (my husband) and I may need to sub-let our Lynton garden flat temporarily due to a career opportunity. We used a Lynton conveyancing practice in 2001 but they have closed and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

Even though your last Lynton conveyancing solicitor is not available you can review your lease to see if it allows you to sublet the property. The accepted inference is that if the lease is non-specific, subletting is allowed. There may be a precondition that you must seek permission from your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet without first obtaining consent. The consent must not not be unreasonably turned down. If your lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have since been informed that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in Lynton. Conveyancing lawyers have not yet been instructed. Will they explain the issues?

Most houses in Lynton are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. it is apparent that you are purchasing in Lynton in which case you should be shopping around for a Lynton conveyancing practitioner and check that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. Being 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’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the maintenance of the estate where the house is located on an estate. Your conveyancer will appraise you on the various issues.

Last month I purchased a leasehold flat in Lynton. Am I liable to pay 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 be sure 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 Lynton conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a property lawyer for lease extension works (regardless if they are a Lynton conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with two or three firms including non Lynton conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• Can they put you in touch with client in Lynton who can give a testimonial?
• What are the legal fees for lease extension conveyancing?

Do you have any top tips for leasehold conveyancing in Lynton from the point of view of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Lynton can be bypassed if you appoint lawyers as soon as you market your property and ask them to put together the leasehold information needed by the buyers lawyers.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Lynton leases often stipulate that internal structural alterations or laying down wooden flooring necessitate a licence from the Landlord acquiescing to such changes. Should you dont have the consents in place do not contact the landlord without checking with your conveyancer first.
• A minority of Lynton leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is financially capable of paying the yearly 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
• If there is a history of any disputes with your landlord or managing agents it is very important that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be nervous about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. 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 reveal the dispute as over rather than unresolved.
• If you hold a share in a the freehold, you should ensure that you hold the original share certificate. Arranging a new share certificate is often a lengthy process and frustrates many a Lynton conveyancing deal. Where a new share is required, you should approach the company director and secretary or managing agents (if applicable) for this as soon as possible.

Lynton Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to buying

Is there a share of the freehold? You should be aware if it is less than 80 years it will have adverse implications on the value of the property. It is worth checking with your lender that they are willing to lend given the lease term. A short lease means that you will almost definitely need a lease extension at some point and it is worth finding out how much this would cost. For most Lyntonlease extensions you would be be obliged to have been the owner of the residence for 24 months before you are legally able to exercise a lease extension.