My wife and I may need to rent out our Shaftesbury ground floor flat for a while due to taking a sabbatical. We used a Shaftesbury conveyancing firm in 2002 but they have since shut and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

Notwithstanding that your previous Shaftesbury conveyancing solicitor is not around you can check your lease to check if you are permitted to let out the premises. The rule is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you must seek consent from your landlord or other appropriate person in advance of subletting. This means that you cannot sublet in the absence of prior consent. Such 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.

There are only 62 years left on my lease in Shaftesbury. I now want to get lease extension but my freeholder is absent. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to track down the landlord. On the whole a specialist may be helpful to conduct investigations and to produce an expert document to be used as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s absence and the application to the County Court overseeing Shaftesbury.

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable figure which is making it more attractive. I have since found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Shaftesbury. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Shaftesbury ?

Most houses in Shaftesbury are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Shaftesbury so you should seriously consider looking for a Shaftesbury conveyancing solicitor and be sure that they are used to transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the communal areas where the house is located on an estate. Your solicitor will appraise you on the various issues.

My wife and I purchased a leasehold house in Shaftesbury. Conveyancing and Leeds Building Society mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Shaftesbury who acted for me is not around.Do I pay?

First make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is indeed the new freeholder. It is not necessary to instruct a Shaftesbury conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

In relation to leasehold conveyancing in Shaftesbury what are the most common lease defects?

There is nothing unique about leasehold conveyancing in Shaftesbury. Most leases are unique and legal mistakes in the legal wording can sometimes mean that certain provisions are erroneous. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the premises
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You could have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Chelsea Building Society, and Alliance & Leicester all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to pull out.

Shaftesbury Leasehold Conveyancing - Examples of Questions you should consider before Purchasing

It would be sensible to find out if there is anything that is prohibited in the lease. By way of example it is fairly common in Shaftesbury leases that pets are not permitted in in a block in Shaftesbury. If you love the propertyin Shaftesbury however your cat is not allowed to live with you then you have a very hard decision. How many of the leaseholders are in arrears for their service charge payments? What restrictions are contained in the Shaftesbury Lease?

Other Topics

Lease Extensions in Shaftesbury