I am intending to sublet my leasehold flat in Stapleton. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Notwithstanding that your last Stapleton conveyancing lawyer is no longer around you can check your lease to check if you are permitted to let out the apartment. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you must obtain consent from your landlord or some other party in advance of subletting. The net result is that you cannot sublet in the absence of prior permission. The consent must not not be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord for their consent.

I've found a house that seems to tick a lot of boxes, at a great figure which is making it all the more appealing. I have since been informed that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Stapleton. Conveyancing advisers have are about to be appointed. Will they explain the issues?

Most houses in Stapleton are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Stapleton so you should seriously consider looking for a Stapleton conveyancing solicitor and check that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the maintenance of the estate where the property is part of an estate. Your lawyer should appraise you on the various issues.

I am attracted to a two apartments in Stapleton which have in the region of 50 years left on the lease term. should I be concerned?

A lease is a right to use the property for a prescribed time frame. As a lease gets shorter the saleability of the lease deteriorate and results in it becoming more costly to acquire a lease extension. This is why it is generally wise to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on properties of this type. Lease enfranchisement can be a difficult process. We recommend you seek professional help from a solicitor and surveyor with experience in this arena

Last month I purchased a leasehold property in Stapleton. Am I liable to pay service charges for periods before completion of my purchase?

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. Strange as it may seem, 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).

Can you provide any top tips for leasehold conveyancing in Stapleton from the perspective of speeding up the sale process?

• A significant proportion of the delay in leasehold conveyancing in Stapleton can be bypassed if you instruct lawyers as soon as your agents start marketing the property and ask them to put together the leasehold information needed by the buyers representatives.
• The majority freeholders or managing agents in Stapleton charge for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Stapleton.
• Some Stapleton leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
• If you hold a share in a the Management Company, you should make sure that you are holding the original share document. Organising a re-issued share certificate is often a time consuming process and delays many a Stapleton home move. If a new share is needed, do contact the company officers or managing agents (if applicable) for this as soon as possible.
• You believe that you know the number of years remaining on your lease but it would be wise to double-check via your solicitors. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is under 80 years. It is therefore essential at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

Stapleton Leasehold Conveyancing - Sample of Queries before buying

Who manages the building? Plenty Stapleton leasehold apartments will be liable to pay a service bill for maintenance of the building levied on behalf of the landlord. Should you buy the apartment you will have to meet this contribution, usually quarterly during the year. This may differ from two or three hundred pounds to thousands of pounds for buildings with lifts and large common areas. There will also be a ground rent for you to pay annual, this is usually not a significant amount, say approximately £25-£75 but you need to enquire as sometimes it could be many hundreds of pounds.