Having had my offer accepted I require leasehold conveyancing in Milton. Before diving in I want to be sure as to the remaining lease term.

If the lease is recorded at the land registry - and most are in Milton - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Helen (my wife) and I may need to let out our Milton garden flat temporarily due to taking a sabbatical. We used a Milton conveyancing firm in 2001 but they have closed and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your previous Milton conveyancing lawyer is not around you can review your lease to see if you are permitted to let out the apartment. The accepted inference is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you need to seek permission via your landlord or some other party in advance of subletting. This means that you cannot sublet in the absence of first obtaining permission. The consent is not allowed to be unreasonably withheld. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

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

When appointing a property lawyer for your lease extension (regardless if they are a Milton conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Milton conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:

• What volume of lease extensions have they completed in Milton in the last year?
• Can they put you in touch with client in Milton who can give a testimonial?

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £ 200000 garden flat in Milton in six days. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Milton?

Milton conveyancing on leasehold maisonettes normally results in administration charges raised by landlords agents :

• Completing conveyancing due diligence enquiries
• Where consent is required before sale in Milton
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Milton leasehold premises is £350. For Milton conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide the information.

What are the common deficiencies that you see in leases for Milton properties?

There is nothing unique about leasehold conveyancing in Milton. Most leases are unique and drafting errors can sometimes mean that certain clauses are not included. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the property
• 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

A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Norwich and Peterborough Building Society, and Barclays Direct all have very detailed 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, forcing the buyer to pull out.

Milton Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing

Is anyone aware of any major works anticipated that could increase the maintenance charges? It would be prudent to investigate if the the lease includes any adverse restrictions in the lease. By way of example it is fairly common in Milton leases that pets are not permitted in in a block in Milton. If you love the propertyin Milton yet your cat can’t move with you then you have a very difficult decision. The best form of lease arrangement is if the freehold interest is in the ownership of the leaseholders. In this arrangement the leaseholders benefit from control and although a managing agent is often retained if the building is larger than a house conversion, the managing agent is directed by the tenants.