Jane (my partner) and I may need to let out our Nafferton garden flat for a while due to taking a sabbatical. We instructed a Nafferton conveyancing practice in 2004 but they have closed and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?

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 is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience dictates 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.

I only have Seventy years remaining on my flat in Nafferton. I now wish to extend my lease 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 apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to prove that you have done all that could be expected to locate the landlord. On the whole an enquiry agent would be helpful to conduct investigations and prepare a report to be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Nafferton.

Planning to sign contracts shortly on a ground floor flat in Nafferton. Conveyancing solicitors inform me that they are sending me a report on Monday. What should I be looking out for?

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

• You should receive a copy of the lease

I've recently bought a leasehold flat in Nafferton. Do I have any liability for service charges relating to a period prior to completion of my purchase?

In a situation 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. However, your landlord may still be able to take action to forfeit the lease. A critical element 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).

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £300000 garden flat in Nafferton in just under a week. The freeholder has quoted £312 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Nafferton?

Nafferton conveyancing on leasehold apartments usually requires the purchaser’s solicitor submitting enquiries for the landlord to answer. Although the landlord is under no legal obligation to answer such questions most will be content to do so. They are at liberty charge a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is £350, in some cases it is above £800. The management information fee demanded by the landlord must be accompanied by a synopsis of entitlements and obligations in relation to administration fees, without which the invoice is not strictly payable. Reality however dictates that you have no option but to pay whatever is requested of you if you want to sell the property.

Leasehold Conveyancing in Nafferton - A selection of Queries Prior to buying

It would be wise to investigate if there are any onerous prohibitions in the lease. For instance plenty of leases prohibit pets being permitted in certain buildings in Nafferton. If you like the apartmentin Nafferton however your dog can’t make the move with you then you will be presented with a hard choice. Does the lease have in excess of 82 years unexpired? Plenty Nafferton leasehold apartments will have a service bill for maintenance of the block levied on behalf of the management company. Where you buy the property you will have to meet this amount, usually in instalments accross the year. This can vary from a few hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a ground rent to be met annual, this is usually not a significant figure, say approximately £50-£100 but you should to enquire as on occasion it can be many hundreds of pounds.

Other Topics

Lease Extensions in Nafferton