Frank (my husband) and I may need to rent out our Sheldon garden flat temporarily due to a new job. We instructed a Sheldon conveyancing practice in 2002 but they have since shut and we did not have the foresight to get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Your lease dictates relations between the landlord and you the leaseholder; specifically, it will set out if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Sheldon do not contain strict prohibition on subletting – such a clause would adversely affect the market value the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

Due to complete next month on a leasehold property in Sheldon. Conveyancing solicitors assured me that they report fully next week. What should I be looking out for?

The report on title for your leasehold conveyancing in Sheldon should include some of the following:

• Does the lease prohibit wood flooring?

You should be told what counts as a Nuisance in the lease

An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has

You should have a good understanding of the insurance provisions

Repair and maintenance of the flat

Changes to the flat (alterations and additions)

What options are open to you if a neighbour breach a clause of their lease? For details of the information to be contained in your report on your leasehold property in Sheldon please ask your conveyancer in ahead of your conveyancing in Sheldon

Back In 2005, I bought a leasehold house in Sheldon. Conveyancing and Godiva Mortgages Ltd mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Sheldon who acted for me is not around.What should I do?

The first thing you should do is make enquiries of HMLR to make sure that the individual claiming to own the freehold is in fact the new freeholder. There is no need to incur the fees of a Sheldon conveyancing practitioner to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I've recently bought a leasehold house in Sheldon. Am I liable to pay service charges for periods before my ownership?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

We expect to complete the sale of our £475000 apartment in Sheldon in just under a week. The landlords agents has quoted £300 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Sheldon?

For most leasehold sales in Sheldon conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing pre-exchange questions
• Where consent is required before sale in Sheldon
• Copies of the building insurance and schedule
• 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 Sheldon leasehold property is £350. For Sheldon 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.

Sheldon Leasehold Conveyancing - Examples of Questions you should ask Prior to Purchasing

Where a Sheldon lease has fewer than eighty years it will impact the marketability of the apartment. It is worth checking with your lender that they are happy with remaining years on the lease. A short lease means that you will probably need a lease extension at some point and it is worth discovering how much this would cost. For most Sheldonlease extensions you will be be obliged to have owned the premises for 24 months in order to be legally able to extend the lease. Many Sheldon leasehold properties will incur a service charge for the upkeep of the building levied on behalf of the freeholder. If you buy the property you will have to pay this liability, normally periodically throughout the year. This could be anything from two or three hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a rentcharge to be met yearly, this is usually not a significant figure, say about £25-£75 but you need to check as on occasion it can be many hundreds of pounds. Does the lease include onerous restrictions?

Other Topics

Lease Extensions in Sheldon