I want to rent out my leasehold apartment in Somersham. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Notwithstanding that your previous Somersham conveyancing lawyer is no longer around you can review your lease to see if it allows you to sublet the property. The rule is that if the lease is silent, subletting is permitted. There may be a precondition that you must obtain consent via your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet in the absence of prior permission. Such consent must not not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.

I only have 72 years unexpired on my flat in Somersham. I need to get lease extension but my landlord is missing. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to prove that you have done all that could be expected to track down the lessor. In some cases a specialist may be useful to conduct investigations and to produce an expert document to be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s disappearance and the application to the County Court covering Somersham.

I own a leasehold house in Somersham. Conveyancing and Alliance & Leicester mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Somersham who acted for me is not around.Any advice?

First contact HMLR to be sure that this person is indeed the new freeholder. It is not necessary to incur the fees of a Somersham conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am employed by a reputable estate agent office in Somersham where we have experienced a few leasehold sales derailed due to leases having less than 80 years remaining. I have received conflicting advice from local Somersham conveyancing firms. Could you shed some light as to whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Can you offer any advice when it comes to appointing a Somersham conveyancing firm to deal with our lease extension?

When appointing a property lawyer for lease extension works (regardless if they are a Somersham conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Somersham conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

• If they are not ALEP accredited then why not?

Somersham Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing

Plenty Somersham leasehold flats will incur a service charge for maintenance of the building levied by the management company. Where you acquire the flat you will have to meet this contribution, usually quarterly during the year. This could be anything from a few hundred pounds to thousands of pounds for blocks with lifts and large common grounds. In all probability there will be a ground rent to be met yearly, ordinarily this is not a exorbitant amount, say approximately £25-£75 but you should to enquire as sometimes it can be many hundreds of pounds. How many years remain on the lease? How many of the leaseholders are in arrears for their maintenance charge payments?

Other Topics

Lease Extensions in Somersham