Helen (my wife) and I may need to rent out our Stapleton ground floor flat temporarily due to taking a sabbatical. We instructed a Stapleton conveyancing firm in 2002 but they have closed and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

The lease governs the relationship between the freeholder and you the leaseholder; specifically, it will set out if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Stapleton do not contain an absolute prevention of subletting – such a clause would undoubtedly devalue the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.

Due to sign contracts shortly on a garden flat in Stapleton. Conveyancing lawyers assured me that they will have a report out to me tomorrow. What should I be looking out for?

Your report on title for your leasehold conveyancing in Stapleton should include some of the following:

• The length of the lease term You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
• Does the lease require carpeting throughout thus preventing wood flooring?
• Whether your lease has a provision for a reserve fund?
• Responsibility for repairing the window frames
• What options are open to you if a neighbour breach a clause of their lease?

I today plan to offer on a house that seems to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have just found out that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Stapleton. Conveyancing advisers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Stapleton ?

The majority of houses in Stapleton are freehold rather than leasehold. In this scenario it’s worth 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 in which case you should be looking for a Stapleton conveyancing solicitor and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the freeholder’sconsent to carry out changes to the property. You may also be required to pay a contribution towards the maintenance of the estate where the property is located on an estate. Your solicitor should appraise you on the various issues.

What advice can you give us when it comes to finding a Stapleton conveyancing practice to deal with our lease extension?

When appointing a solicitor for your lease extension (regardless if they are a Stapleton conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Stapleton conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• If they are not ALEP accredited then what is the reason?
• How many lease extensions has the firm conducted in Stapleton in the last twenty four months?

Do you have any advice for leasehold conveyancing in Stapleton with the intention of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Stapleton can be bypassed if you instruct lawyers the minute you market your property and request that they start to collate the leasehold documentation which will be required by the buyers lawyers.
• The majority landlords 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 information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Stapleton.
• If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example installed wooden flooring? Stapleton leases often stipulate that internal structural changes or installing wooden flooring require a licence from the Landlord consenting to such works. If you dont have the approvals to hand you should not communicate with the landlord without contacting your solicitor in advance.
• If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share document. Organising a new share certificate is often a lengthy process and frustrates many a Stapleton conveyancing transaction. Where a duplicate share certificate is needed, you should approach the company officers or managing agents (if applicable) for this sooner rather than later.
• You may think that you are aware of the number of years left on your lease but it would be advisable double-check via your lawyers. A purchaser's lawyer will not be happy to advise their client to where the remaining number of years is below 75 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

Leasehold Conveyancing in Stapleton - Sample of Questions you should ask Prior to Purchasing

What prohibitions are contained in the Stapleton Lease? How much is the service charge and ground rent on the apartment? The prefered form of lease structure is where the freehold reversion is owned by the leaseholders. In this situation the tenants have control and although a managing agent is frequently employed where it is bigger than a house conversion, the managing agent acts for the leaseholders themselves.