Helen (my wife) and I may need to rent out our Sandiacre garden flat for a while due to a new job. We used a Sandiacre conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?

Notwithstanding that your previous Sandiacre conveyancing lawyer is no longer available you can review your lease to check if it allows you to sublet the apartment. The rule is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you need to obtain consent via your landlord or some other party before subletting. This means that you cannot sublet in the absence of first obtaining permission. The consent should not be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

Planning to complete next month on a studio apartment in Sandiacre. Conveyancing lawyers inform me that they will have a report out to me on Monday. What should I be looking out for?

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

• The length of the lease term You should be advised as what happens when the lease ends, and informed of the importance of not letting the lease term falling below eighty years

I have just started marketing my basement flat in Sandiacre.Conveyancing lawyers have not yet been instructed but I have just received a yearly maintenance charge demand – should I leave it to the buyer to sort out?

It best that you 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 management companies 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. This will smooth the conveyancing process.

I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable price which is making it all the more appealing. I have subsequently found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Sandiacre. Conveyancing advisers have not yet been appointed. Will they explain the issues?

The majority of houses in Sandiacre are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are purchasing in Sandiacre so you should seriously consider looking for a Sandiacre conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example obtaining the landlord’sconsent to carry out changes to the property. You may also be required to pay a contribution towards the upkeep of the communal areas where the property is part of an estate. Your lawyer should appraise you on the various issues.

What are the common deficiencies that you encounter in leases for Sandiacre properties?

There is nothing unique about leasehold conveyancing in Sandiacre. Most leases are unique and drafting errors can sometimes mean that certain provisions are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the premises
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

You will encounter 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, Norwich and Peterborough Building Society, and Barclays Direct all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to pull out.

Sandiacre Leasehold Conveyancing - Examples of Queries before Purchasing

The answer will be helpful as a) areas may result in problems in the building as the common areas may begin to deteriorate if maintenance remain unpaid b) if the leasehold owners have an issue with the managing agents you will wish to have all the details Best to be warned if a new roof is being installed or some other major work is anticipated to be shared between the leaseholders and may well materially increase the the service costs or necessitate a specific payment. Please note that where the lease has no more than 80 years it will have adverse implications on the marketability of the property. It is worth checking with your bank that they are content with the length of the lease. Leases with fewer than 80 years remaining means that you will almost definitely have to extend the lease sooner rather than later and it is worth finding out how much this will be. Remember, in most cases you would need to own the residence for two years in order to be legally able to extend the lease.

Other Topics

Lease Extensions in Sandiacre