Helen (my wife) and I may need to sub-let our Seaham garden flat for a while due to a career opportunity. We instructed a Seaham conveyancing practice in 2001 but they have since shut and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

Some leases for properties in Seaham do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

Back In 2009, I bought a leasehold house in Seaham. Conveyancing and Chelsea Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1992. The conveyancing practitioner in Seaham who acted for me is not around.Do I pay?

The first thing you should do is contact HMLR to be sure that this person is in fact the new freeholder. It is not necessary to instruct a Seaham conveyancing practitioner to do this as it can be done on-line for less than a fiver. You should note 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 tempted by the attractive purchase price for a couple of maisonettes in Seaham which have approximately fifty years left on the lease term. should I be concerned?

There is no doubt about it. A leasehold apartment in Seaham is a wasting asset as a result of the shortening lease. The closer the lease gets to its expiry date, the more it adversely affects the salability of the property. The majority of purchasers and mortgage companies, leases with under 75 years become less and less attractive. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Seaham conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

What are your top tips when it comes to appointing a Seaham conveyancing practice to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Seaham conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with two or three firms including non Seaham conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:

• How experienced is the practice with lease extension legislation?

Do you have any advice for leasehold conveyancing in Seaham with the aim of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Seaham can be avoided where you get in touch lawyers as soon as your agents start advertising the property and ask them to put together the leasehold documentation which will be required by the purchasers’ lawyers.
• In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Seaham state that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord approving such changes. If you fail to have the paperwork in place you should not communicate with the landlord without checking with your solicitor before hand.

I am the registered owner of a 1st floor flat in Seaham, conveyancing having been completed 2011. Can you let me have an estimated range of the fair premium for a lease extension? Equivalent flats in Seaham with over 90 years remaining are worth £266,000. The ground rent is £45 invoiced every year. The lease comes to an end on 21st October 2082

With just 58 years unexpired the likely cost is going to range between £24,700 and £28,600 plus legals.

The figure above a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more detailed investigations. Do not use this information in tribunal or court proceedings. There are no doubt other issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. You should not take any other action based on this information without first getting professional advice.

Other Topics

Lease Extensions in Seaham