I wish to sublet my leasehold flat in Nafferton. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

A small minority of properties in Nafferton do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

Having checked my lease I have discovered that there are only 62 years unexpired on my lease in Nafferton. I am keen to get lease extension but my landlord is absent. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order 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 demonstrate that you have made all reasonable attempts to locate the landlord. For most situations an enquiry agent should be helpful to try and locate and to produce an expert document which can be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Nafferton.

I have just appointed agents to market my garden apartment in Nafferton.Conveyancing is yet to be initiated but I have just had a quarterly service charge demand – Do I pay up?

It best that you pay the service charge 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 management companies will not acknowledge the buyer unless 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.

Back In 2005, I bought a leasehold flat in Nafferton. Conveyancing and Alliance & Leicester mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Nafferton who acted for me is not around.Any advice?

First make enquiries of HMLR to make sure that this person is in fact the new freeholder. It is not necessary to incur the fees of a Nafferton conveyancing solicitor to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Do you have any advice for leasehold conveyancing in Nafferton from the perspective of saving time on the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Nafferton can be bypassed if you get in touch lawyers as soon as your agents start advertising the property and ask them to put together the leasehold documentation which will be required by the purchasers’ conveyancers.
• The majority landlords or managing agents in Nafferton levy fees for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Nafferton.
• In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Nafferton state that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such changes. If you dont have the approvals to hand you should not communicate with the landlord without contacting your solicitor first.
• If there is a history of conflict with your landlord or managing agents it is very important that these are settled before the property is marketed. The buyers and their solicitors will be reluctant to purchase a flat where a dispute is unsettled. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to reveal the dispute as historic as opposed to unsettled.
• If you are supposed to have a share in the freehold, you should ensure that you have the original share certificate. Organising a replacement share certificate is often a time consuming process and delays many a Nafferton conveyancing transaction. If a duplicate share is required, you should approach the company director and secretary or managing agents (if relevant) for this sooner rather than later.

Leasehold Conveyancing in Nafferton - Sample of Queries Prior to buying

Many Nafferton leasehold properties will incur a service bill for maintenance of the building levied by the freeholder. Where you acquire the property you will have to meet this charge, normally periodically throughout the year. This can vary from a couple of hundred pounds to thousands of pounds for large purpose-built blocks. In all probability there will be a rentcharge to be met annual, normally this is not a large figure, say around £50-£100 but you need to check it because occasionally it can be many hundreds of pounds. How many years remain on the lease?