Jane (my partner) and I may need to rent out our St Neots 1st floor flat for a while due to taking a sabbatical. We used a St Neots conveyancing practice in 2003 but they have since shut and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous St Neots conveyancing solicitor is no longer around you can check your lease to check if you are permitted to let out the premises. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you are obliged to obtain consent via your landlord or some other party prior to subletting. This means you not allowed to sublet in the absence of first obtaining permission. The consent is not allowed to be unreasonably withheld. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

I’m about to sell my garden flat in St Neots.Conveyancing solicitors are to be appointed soon but I have just had a yearly maintenance charge demand – should I leave it to the buyer to sort out?

The sensible thing to do is pay 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 until 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 tempted by the attractive purchase price for a two maisonettes in St Neots which have in the region of fifty years unexpired on the lease term. Will this present a problem?

There are plenty of short leases in St Neots. The lease is a right to use the property for a period of time. As a lease shortens the saleability of the lease decreases and results in it becoming more expensive to extend the lease. This is why it is generally wise to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease extension can be a protracted process. We advise that you get professional help from a conveyancer and surveyor with experience in this field

I've recently bought a leasehold property in St Neots. Am I liable to pay service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous lessee 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).

When it comes to leasehold conveyancing in St Neots what are the most common lease defects?

There is nothing unique about leasehold conveyancing in St Neots. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain clauses are not included. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the property
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You could encounter 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. Halifax, The Royal Bank of Scotland, and Barclays Direct all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the buyer to withdraw.

Leasehold Conveyancing in St Neots - Sample of Queries before Purchasing

It would be prudent to discover as much as you can about the company managing the building as they will either make living at the property much simpler or a lot more difficult. Being a leasehold owner you are often in the clutches of the managing agents from a financial perspective and when it comes to every day issues like the tidiness of the communal areas. Enquire of prospective neighbours if they are happy with them. On a final note, find out the dates that you are obliged pay the service charge to the managing agents and specifically how they are spending the funds. Many St Neots leasehold apartments will incur a service charge for maintenance of the block levied by the management company. If you acquire the property you will have to meet this amount, usually periodically during the year. This could differ from a couple of hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a rentcharge to be met annual, ordinarily this is not a large figure, say approximately £25-£75 but you should to check as sometimes it could be many hundreds of pounds.