My husband and I may need to sub-let our Otley basement flat temporarily due to taking a sabbatical. We instructed a Otley conveyancing practice in 2004 but they have closed and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

Even though your last Otley conveyancing solicitor is not around you can check your lease to check if you are permitted to let out the apartment. The rule is that if the lease is silent, subletting is permitted. There may be a precondition that you need to obtain permission via your landlord or some other party before subletting. This means that you cannot sublet in the absence of prior consent. Such consent must not not be unreasonably turned down. If the lease does not allow you to sublet you should ask your landlord for their consent.

I only have Fifty years remaining on my flat in Otley. I now want to extend my lease but my landlord is absent. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to track down the landlord. In some cases a specialist may be useful to conduct investigations and prepare an expert document which can be accepted by the court as proof that the landlord can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s absence and the vesting order request to the County Court covering Otley.

Estate agents have just been given the go-ahead to market my ground floor apartment in Otley.Conveyancing is yet to be initiated but I have just received a quarterly service charge demand – what should I do?

Your conveyancing lawyer is likely to suggest that you should pay 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 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. Having a clear account will assist your cause and will leave you no worse off financially.

What advice can you give us when it comes to finding a Otley conveyancing practice to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Otley conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Otley conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• How familiar is the practice with lease extension legislation?

What makes a Otley lease defective?

Leasehold conveyancing in Otley is not unique. Most leases are unique and legal mistakes in the legal wording can sometimes mean that certain clauses 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.
• Maintenance charge proportions which don’t add up to the correct percentage

You may have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Chelsea Building Society, and Godiva Mortgages Ltd 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 defective they may refuse to grant the mortgage, obliging the buyer to withdraw.

Otley Leasehold Conveyancing - Sample of Questions you should ask Prior to buying

Please note if it is less than 80 years it will impact the salability of the property. Check with your lender that they are content with the length of the lease. Leases with less than 80 years remaining means that you will probably require a lease extension sooner rather than later and it is worth discovering what this will be. For most Otleylease extensions you will need to own the residence for 24 months in order to be legally able to exercise a lease extension. How much is the ground rent and service charge? For many Otley leaseholds the cost for major works tend not to be incorporated into the service charges, albeit that there some managing agents in Otley require leaseholders to contribute towards a reserve fund created for the specific intention of building a fund for larger repairs or maintenance.

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Lease Extensions in Otley