My husband and I may need to sub-let our Plymouth garden flat temporarily due to a career opportunity. We used a Plymouth conveyancing firm in 2001 but they have closed and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?

A lease governs relations between the landlord and you the flat owner; in particular, it will indicate if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Plymouth do not prevent subletting altogether – such a provision would undoubtedly devalue the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.

Having checked my lease I have discovered that there are only Sixty One years left on my flat in Plymouth. I now wish to get lease extension but my freeholder is absent. What are my options?

On the basis that you qualify, 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 Court. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to locate the landlord. In some cases an enquiry agent should be useful to conduct investigations and to produce an expert document which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a conveyancer in relation to proving the landlord’s absence and the vesting order request to the County Court overseeing Plymouth.

Last month I purchased a leasehold property in Plymouth. Am I liable to pay service charges relating to a period prior to my ownership?

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).

What advice can you give us when it comes to appointing a Plymouth conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a property lawyer for your lease extension (regardless if they are a Plymouth conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Plymouth conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

• How many lease extensions have they completed in Plymouth in the last 12 months?
• Can they put you in touch with client in Plymouth who can give a testimonial?

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

There is nothing unique about leasehold conveyancing in Plymouth. Most leases are individual and drafting errors can result in certain sections are wrong. The following missing provisions could result in a defective lease:

• 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 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. Nationwide Building Society, Bank of Scotland, and Clydesdale all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to pull out.

Plymouth Leasehold Conveyancing - Sample of Questions you should ask before buying

Its a good idea to discover as much as you can about the managing agents as they will either make life much simpler or problematic. Being a leasehold owner you are often in the clutches of the managing agents both financially and when it comes to daily matters such as the tidiness of the common parts. You should not be shy to ask other tenants if they are happy with them. Finally, find out the dates that the service charges are due to the managing agents and specifically what it includes. It is important to be aware whether redecorating or some other major work is coming up to be shared amongst the leaseholders and will dramatically impact the level of the maintenance costs or require a one off payment.