Helen (my wife) and I may need to sub-let our Sale ground floor flat for a while due to taking a sabbatical. We used a Sale conveyancing firm in 2003 but they have closed and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your last Sale conveyancing lawyer is not around you can review your lease to see if you are permitted to let out the property. The rule is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you are obliged 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 should not be unreasonably turned down. If the lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

Due to complete next month on a basement flat in Sale. Conveyancing solicitors inform me that they report fully within the next couple of days. What should I be looking out for?

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

• Defining your legal entitlements in respect of common areas in the building.For example, does the lease grant a right of way over a path or hallways?

Whether your lease has a provision for a reserve fund?

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

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.

The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building

What you can do if a neighbour breach a clause of their lease? For details of the information to be included in your report on your leasehold property in Sale please ask your solicitor in advance of your conveyancing in Sale

I've found a house that seems to meet my requirements, at a great price which is making it all the more appealing. I have since found out that it's a leasehold rather than freehold. I am assuming that there are issues buying a leasehold house in Sale. Conveyancing lawyers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Sale ?

Most houses in Sale are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Sale so you should seriously consider looking for a Sale conveyancing practitioner and check that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the freeholder’sconsent to conduct changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the estate where the house is part of an estate. Your lawyer will advise you fully on all the issues.

Back In 2009, I bought a leasehold flat in Sale. Conveyancing and Skipton Building Society mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Sale who previously acted has now retired.Do I pay?

The first thing you should do is make enquiries of HMLR to make sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Sale conveyancing solicitor to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £425000 apartment in Sale next week. The managing agents has quoted £372 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Sale?

Sale conveyancing on leasehold maisonettes typically results in administration charges invoiced by managing agents :

• Addressing pre-exchange enquiries
• Where consent is required before sale in Sale
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Sale leasehold property is £350. For Sale 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 supply the information.

Leasehold Conveyancing in Sale - A selection of Questions you should ask Prior to buying

How many of the leaseholders are in arrears for their maintenance charge payments? Many Sale leasehold flats will have a service charge for maintenance of the block levied on behalf of the landlord. Where you buy the property you will have to pay this charge, normally in instalments accross the year. This could vary from several hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a rentcharge to be met annual, this is usually not a large sum, say about £50-£100 but you should to check it because sometimes it could be many hundreds of pounds. Be sure to investigate if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being allowed in certain buildings in Sale. If you love the apartmentin Sale however your dog is not allowed to make the move with you then you will be presented with a difficult decision.

Other Topics

Lease Extensions in Sale