I wish to let out my leasehold flat in Newport Pagnell. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Even though your previous Newport Pagnell conveyancing lawyer is not available you can check your lease to see if you are permitted to let out the property. The rule is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you are obliged to seek permission from your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet without first obtaining consent. The consent should not be unreasonably turned down. If the lease prohibits you from letting out the property you will need to ask your landlord for their consent.

Having checked my lease I have discovered that there are only 72 years unexpired on my flat in Newport Pagnell. I now wish to get lease extension but my landlord is can not be found. 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 enable the lease to be extended by the Court. However, you will be required to prove that you have done all that could be expected to track down the lessor. On the whole a specialist may be useful to try and locate and to produce an expert document which can be used as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer in relation to investigating the landlord’s absence and the application to the County Court covering Newport Pagnell.

I’m about to sell my garden apartment in Newport Pagnell.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly maintenance charge invoice – what should I do?

Your conveyancing lawyer is likely to suggest that you should clear the invoice 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 managing agents will not acknowledge the buyer until 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.

Last month I purchased a leasehold house in Newport Pagnell. Am I liable to pay 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. 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).

Are there frequently found problems that you see in leases for Newport Pagnell properties?

There is nothing unique about leasehold conveyancing in Newport Pagnell. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the building
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You will encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Skipton Building Society, and Clydesdale all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the purchaser to withdraw.

Leasehold Conveyancing in Newport Pagnell - A selection of Questions you should consider before buying

How much is the ground rent and service charge? The best form of lease structure is where the freehold title is owned by the leaseholders. In this scenario the lessees benefit from control and notwithstanding that a managing agent is often retained where it is bigger than a house conversion, the managing agent employed by the leaseholders. The answer will be important as a) areas can cause problems for the block as the common areas may start to deteriorate where maintenance remain unpaid b) if the tenants have an issue with the managing agents you will wish to have all the details

Other Topics

Lease Extensions in Newport Pagnell