I would like to rent out my leasehold apartment in Potton. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Notwithstanding that your previous Potton conveyancing lawyer is not around you can review your lease to see if you are permitted to let out the apartment. The accepted inference is that if the deeds are silent, subletting is permitted. There may be a precondition that you are obliged to seek consent via your landlord or some other party prior to subletting. This means that you cannot sublet without first obtaining permission. Such consent is not allowed to be unreasonably turned down. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

My wife and I purchased a leasehold flat in Potton. Conveyancing and Chelsea Building Society mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Potton who previously acted has now retired.Any advice?

First make enquiries of HMLR to make sure that this person is indeed the new freeholder. There is no need to incur the fees of a Potton conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am attracted to a two flats in Potton which have approximately fifty years left on the leases. Should I regard a short lease as a deal breaker?

A lease is a legal document that entitles you to use the property for a prescribed time frame. As the lease shortens the saleability of the lease decreases and results in it becoming more expensive to extend the lease. This is why it is advisable to extend the lease term. More often than not it is difficulties arise selling premises with a short lease because mortgage companies may be unwilling to lend money on properties of this type. Lease enfranchisement can be a difficult process. We recommend you seek professional assistance from a conveyancer and surveyor with experience in this field

What are your top tips when it comes to appointing a Potton 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 Potton conveyancing practice) it is most important 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 Potton conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:

• How many lease extensions have they conducted in Potton in the last year?

Completion in due on our sale of a £500000 flat in Potton next Tuesday . The managing agents has quoted £384 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Potton?

Potton conveyancing on leasehold apartments more often than not necessitates the buyer’s solicitor sending questions for the landlord to answer. Although the landlord is not legally bound to respond to such questions most will be content to do so. They are entitled levy a reasonable charge for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The administration charge required by the landlord must be sent together with a summary of entitlements and obligations in relation to administration charges, otherwise the invoice is technically not due. Reality however dictates that you have no option but to pay whatever is requested of you if you want to exchange contracts with the buyer.

Leasehold Conveyancing in Potton - Examples of Queries before Purchasing

Can you tell me if there are any major works anticipated that will likely increase the service costs? It would be a good idea to find out if the the lease includes any unreasonable restrictions in the lease. For example it is reasonably common in Potton leases that pets are not allowed in certain buildings in Potton. If you love the propertyin Potton however your dog is not allowed to live with you then you will be presented with a hard compromise. How many of the leaseholders are in arrears for their maintenance charge payments?

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Lease Extensions in Potton