Harry (my fiance) and I may need to let out our Nantwich garden flat temporarily due to a new job. We instructed a Nantwich 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?

Some leases for properties in Nantwich do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse 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.

Having checked my lease I have discovered that there are only 72 years unexpired on my lease in Nantwich. I need to extend my lease but my freeholder is absent. What are my options?

If 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 mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to find the landlord. For most situations an enquiry agent would be useful to carry out a search and to produce a report to be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court covering Nantwich.

I am hoping to exchange soon on a garden flat in Nantwich. Conveyancing solicitors have said that they report fully on Monday. What should I be looking out for?

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

• You should be sent a copy of the lease

Are you allowed to have a pet in the flat?

Whether the lease restricts you from renting out the flat, or working from home

You should have a good understanding of the insurance provisions

Repair and maintenance of the flat

I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required

What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Nantwich please ask your lawyer in ahead of your conveyancing in Nantwich

Completion in due on our sale of a £250000 flat in Nantwich next week. The landlords agents has quoted £348 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Nantwich?

For the majority of leasehold sales in Nantwich conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing conveyancing due diligence questions
• Where consent is required before sale in Nantwich
• 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 conveyancer will have no control over the level of the charges for this information but the average costs for the information for Nantwich leasehold property is £350. For Nantwich 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 required to provide answers.

What are the frequently found problems that you encounter in leases for Nantwich properties?

Leasehold conveyancing in Nantwich is not unique. Most leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain sections are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the property
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Skipton Building Society, and Aldermore all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to pull out.

Nantwich Leasehold Conveyancing - Sample of Queries Prior to Purchasing

Many Nantwich leasehold flats will be liable to pay a service charge for maintenance of the building set by the freeholder. Where you buy the flat you will have to pay this contribution, usually quarterly accross the year. This could vary from two or three hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a ground rent for you to pay yearly, normally this is not a exorbitant amount, say around £25-£75 but you need to enquire as on occasion it can be surprisingly expensive. What restrictions are contained in the Nantwich Lease? In the main the outlay for major works tend not to be included within maintenance charges, although some managing agents in Nantwich require leaseholders to contribute towards a reserve fund and this is used to offset against larger works.

Other Topics

Lease Extensions in Nantwich